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Reading guideIn the process of land acquisition and demolition, whether it is the expropriation of houses on urban state-owned land or the expropriation of rural collective land, 99 percent of the expropriated people are basically the first to encounter land acquisition and demolition work. In this process, compensation for expropriation is an important issue, which is related to the rights and interests and livelihood of the expropriators. However, sometimes the expropriation compensation scheme may be unreasonable or unjust, which brings distress and dissatisfaction to the expropriators. So, how should we respond when the expropriation compensation is unreasonable? Did you know?
How to judge whether the compensation for demolition is reasonable?
Collective landWhen it comes to the demolition and relocation of houses on collective land, the villagers can independently choose any compensation method of property rights replacement, monetary compensation or re-arrangement of homestead land construction, and the demolition party shall fully respect the wishes of the villagers and make fair and reasonable compensation to the expropriated person. The compensation standard shall be determined by the provinces, autonomous regions and municipalities directly under the Central Government through the formulation of the comprehensive land price of the published area. However, it should be noted that the formulation of the comprehensive land price of the area should take into account factors such as the original use of the land, the conditions of land resources, the output value of the land, the location of the land, the relationship between land supply and demand, the population, and the level of economic and social development. The state clearly requires that the original living standards of the original land-expropriated farmers will not be reduced, and the long-term livelihood will be guaranteed. If the demolition compensation given by the demolition party does not meet this requirement, the reasonableness of the demolition compensation is questionable.
State-owned landThere are generally two types of compensation for the expropriation of houses on state-owned land: 1. Monetary compensation includes compensation for the value of the expropriated house, compensation for relocation and temporary resettlement caused by housing expropriation, compensation for the loss of production and business suspension caused by housing expropriation, subsidies and incentives, etc. 2. In the case of property rights replacement, the minimum replacement standard is one for one to ensure the minimum housing conditions of residents. If the housing price around the replacement house is significantly lower than the housing price around the expropriated house, the replacement ratio should be higher than 1:1. The value of the expropriated house is assessed and determined by a real estate appraisal agency with corresponding qualifications.
How to protect rights when the demolition is unreasonable?
1. Demolition negotiations, if necessary, can be recorded to retain evidence. After the demolition notice is issued, if the demolition company contacts the person to be demolished, the person to be demolished will ask for their power of attorney and ask them to show their work permit and the qualification certificate of the demolition personnel. Because the demolition person is likely to use idle people in society to intimidate and threaten the demolished person. When communicating with the staff of the demolition and relocation office, make audio recordings when necessary, "these words may be used as information clues for future negotiations to obtain important compensation, and some of the demolished households do not have fixed evidence, and it is difficult to prove the oral commitment of the other party."
2. Housing appraisal, the report does not meet the actual requirements for re-evaluation. The value of the house is generally determined by the appraisal report issued by a professional appraisal company, after receiving the report to read carefully, do not feel that the value of the house has been determined this is not important, if there is any objection to the appraisal report, the first time to request the appraisal agency to review the report, generally within 10 days of receiving the report to file a review request. If we are still not satisfied with the results of the review, we can also apply to the evaluation expert committee for appraisal of the report. The assessment report is an important basis for expropriation compensation, and the expropriated person should actively exercise the right of review and appraisal granted by law.
3. Take a firm stand and use the law to protect your own rights and interests. At all times, it is our basic right as citizens, and the people who are being demolished must take a firm stand and believe that the country has complete laws to protect our legitimate rights and interests. When we cannot fairly confront the demolition party and resolve the demand for reasonable compensation, we can take up the law, further protect our rights, and seek justice for ourselves through administrative reconsideration, administrative litigation and other means. When necessary, the person being demolished should actively seek external assistance and consult a demolition lawyer in a timely manner to avoid suffering a dumb loss in the law.
Lawyer remindsFinally, Mattel reminds you that if you are experiencing unreasonable compensation for demolition and relocation, but you don't know how to protect your rights, please protect your house, the survival of your house is an important guarantee to carry out follow-up work, strive for reasonable compensation, and prevent your legitimate rights and interests from being infringed!