Land acquisition and demolition are related to the vital interests of the expropriated, but in the process of practice, there are often acts that infringe on the legitimate rights and interests of the expropriated, such as the common ones that the compensation standard for demolition and relocation is far lower than the original living standard of the expropriated person, the house is forcibly demolished by the relevant departments, the attachments on the ground are forcibly removed, the land is landfilled, and the expropriation procedure is not statutory.
Therefore, in order to protect the legitimate rights and interests of the expropriated, the relevant departments have specially formulated and promulgated the Land Management Law, the Regulations for the Implementation of the Land Management Law, the Regulations on the Expropriation and Compensation of Houses on State-owned Land, and other relevant laws and regulations, which clearly stipulate the procedures for land expropriation and housing expropriation, the purpose of which is to protect the legitimate rights and interests of the expropriated.
Moreover, in order to further protect the rights and interests of land-expropriated farmers in land compensation and rural house demolition, three years ago (2020), the relevant departments also revised the "Land Management Law" and the "Regulations for the Implementation of the Land Management Law", which not only increased the compensation standard, but also made great adjustments to the land expropriation procedures.
In short, the newly revised "Land Management Law" further protects the rights and interests of our peasants and ordinary people. Let's combine these laws and regulations to tell you which demolition policies are important for the majority of expropriated people.
1. Fair and reasonable compensation shall be given for land expropriation to ensure that the original living standards of land-expropriated farmers are not reduced and their long-term livelihood is guaranteed.
According to the provisions of the Land Management Law, land expropriation shall be paid in full and in a timely manner in accordance with the law, as well as compensation for rural villagers' houses, other above-ground attachments and seedlings, etc., and social security expenses for land-expropriated farmers shall be arranged.
The standards for land compensation and resettlement subsidies for the expropriation of agricultural land shall be determined by the provinces, autonomous regions and municipalities directly under the Central Government through the formulation and publication of comprehensive land prices for the districts. The formulation of comprehensive land prices for areas shall comprehensively consider factors such as the original use of land, land resource conditions, land output value, land location, land supply and demand, population, and economic and social development level, and shall be adjusted or re-published at least once every three years.
The key point is that the article also clearly stipulates that those who apply for land expropriation need to give fair and reasonable compensation to the land-expropriated farmers, so as to ensure that the original living standards of the land-expropriated farmers are not reduced and their long-term livelihood is guaranteed. Therefore, in the process of practice, if the farmers encounter a land acquisition project, they should immediately review whether the compensation standard has reduced their original living standards, such as whether the monetary compensation given to the expropriated person can guarantee the living after the expropriation, etc., and if the compensation given to the expropriated person is far from their existing living standard, then it is recommended that the majority of the expropriated people must not sign a compensation and resettlement agreement.
2. Compensation first, then relocation.
According to Article 48 of the Land Management Law, the rural villagers' houses shall be compensated in accordance with the principles of compensation before relocation and improvement of living conditions, respect the wishes of rural villagers, and provide fair and reasonable compensation by means of rearranging homestead land for construction, providing resettlement housing or monetary compensation, and compensating for the relocation and temporary resettlement expenses caused by expropriation, so as to protect the rural villagers' right to live and their legitimate rights and interests in housing property.
To put it simply, the relevant departments can only carry out the next step of expropriation after the implementation of all the land requisition compensation, if only the compensation and resettlement agreement is signed, but the compensation and resettlement agreement is not implemented, or the land is occupied without the compensation and resettlement agreement, then the expropriation is illegal, and the principle of compensation first and relocation later is violated.
Therefore, Kainuo lawyer reminds everyone here that after encountering land expropriation, if the house involved is expropriated, then it must be relocated after getting the demolition compensation, if the compensation is not in place, the majority of the expropriated people had better not move out of the house in advance, so as to avoid irreparable losses to themselves in the future.
3. It is forbidden to force the expropriated person to relocate due to illegal acts such as water and electricity cuts.
According to the Regulations on the Expropriation and Compensation of Houses on State-owned Land, no unit or individual may force the expropriated person to relocate by violence, threats or illegal means such as interrupting water supply, heat supply, gas supply, electricity supply and road access. Construction units are prohibited from participating in relocation activities.
In other words, whether it is a collective land expropriation or a state-owned land expropriation, the relevant departments must promote the expropriation work in accordance with the law, and cannot force the expropriated person to relocate, sign a compensation and resettlement agreement, and complete the purpose of expropriation by cutting off water, electricity, blocking roads, etc., especially if the expropriated person fails to sign a compensation and resettlement agreement within the signing period, otherwise his behavior violates the relevant provisions of Order No. 590 and infringes on the legitimate rights and interests of the expropriated person.
However, from the perspective of practice, some expropriators will often adopt water cuts, water cuts, or even forced demolition to achieve expropriation when the expropriated party refuses to sign a compensation and resettlement agreement because the expropriated party believes that the compensation standard is unreasonable.
In this regard, Kainuo lawyer reminds everyone that if the compensation is not in place, the relevant departments force themselves to relocate with various illegal acts, etc., then the majority of expropriated people need to immediately take corresponding measures against the behavior of the expropriator, such as videotaping the illegal acts of the expropriator, taking pictures, collecting other relevant evidence materials, if the house is forcibly demolished, you also need to call the police at 110 as soon as possible, and consult a professional demolition lawyer, if necessary, with the help of a professional lawyer. Through administrative litigation, it was confirmed that their forced demolition was illegal and that they were required to pay compensation for the losses caused by the forced demolition.
In short, what Kainuo lawyers want to say in the end is that land expropriation and house demolition are related to the vital interests of the expropriated, therefore, when encountering, we must understand the relevant knowledge of land acquisition and demolition and relevant policies and regulations in advance, so that we can not only find out in advance whether the expropriation behavior of the expropriator is illegal, but also protect our legitimate rights and interests in the first time and avoid unnecessary losses in land acquisition and demolition.