Rural land expropriation, urban housing demolition is a constructive activity for the benefit of the country and the people, which involves not only a very large number of people, and the scope of land occupied is also particularly wide, especially when the expropriation of rural collective land, often the number of acres of land involved may exceed hundreds of acres, or even thousands of acres, rural contracted land, homestead land is expropriated, which is closely related to the vital interests of many people, of course, land expropriation, house demolition is also related to the interests of the country.
In short, land acquisition and demolition is a project involving many interests, so in order to protect the vital interests of the expropriated person, and at the same time to prevent the relevant departments from using their power without authorization in land acquisition and demolition, infringing on the interests of the village collective, villagers or other expropriated persons and rights holders, the relevant departments can only start the expropriation work and promote the expropriation work if the relevant conditions are met, and before the relevant procedures are not put in place, No one can use their authority to force the expropriation work or start the expropriation work without authorization.
So, how should land acquisition and demolition projects be carried out legally? The first is to protect the relevant rights of the expropriated, we have explained the three rights yesterday, today Kainuo lawyer will combine the relevant laws and regulations and practical experience to explain to you, the expropriated people in the land acquisition and demolition of other rights in accordance with the law, I hope to help the majority of the expropriated people.
1. The right to raise objections to the compensation and resettlement plan.
According to the provisions of the Regulations for the Implementation of the Land Management Law, after the land acquisition compensation and resettlement plan is formulated, the local people at or above the county level shall make an announcement within the scope of the township (town) and village and villager group where the land is to be expropriated, and the announcement time shall not be less than 30 days.
The announcement of land requisition compensation and resettlement shall also indicate the method and time limit for compensation registration, objection feedback channels, etc.
Most of the members of the land-expropriated rural collective economic organizations believe that the proposed land requisition compensation and resettlement program does not comply with the provisions of laws and regulations, and the local people at or above the county level shall organize hearings.
Regulations on the Expropriation and Compensation of Houses on State-owned Land stipulate that the people at the municipal and county levels shall organize relevant departments to demonstrate and publish the expropriation compensation plan to solicit public opinions. The period for soliciting comments must not be less than 30 days.
The people's ** at the municipal and county levels shall promptly publish the solicitation of opinions and revisions based on public comments.
If the majority of the expropriated persons believe that the expropriation compensation plan does not comply with the provisions of these Regulations, the people at the municipal and county levels shall organize a hearing attended by the expropriated person and public representatives, and revise the plan according to the hearing.
From the above-mentioned laws and regulations, we can see that whether it is collective land expropriation or state-owned land expropriation, the relevant departments need to make an announcement within the scope of expropriation for at least 30 days after formulating the compensation and resettlement plan, which not only protects the right to know of the expropriated person, but also paves the way for the normal promotion of the expropriation work in the future.
However, what Kainuo lawyers want to let you know here is that after the relevant departments issue the compensation and resettlement plan, the expropriated person has the right to put forward his own opinions on the compensation and resettlement plan, especially if the compensation standard is unreasonable, to put forward opinions in writing, which is the right of the majority of the expropriated persons granted by law.
That is to say, if the expropriated person is not satisfied with the compensation and resettlement plan, then you must put forward your own opinions within 30 days, and do not just talk about it, if there is no actual behavior, then the relevant departments will think that you have no objection to the compensation and resettlement plan, so as to compensate according to the standards in the compensation and resettlement plan.
In addition, if the expropriated person is satisfied with the compensation and resettlement plan, the expropriated person also has the right to request a hearing with the expropriation department, and the relevant department needs to revise the compensation and resettlement plan and make an announcement in light of the circumstances of the hearing. However, this can only be when the vast majority of expropriated persons have objections to the compensation and resettlement plan, and if there are only a few individuals, then this requirement may not be realized.
In short, after seeing the compensation and resettlement plan, we must review whether the compensation and resettlement plan is reasonable and legal, if it is unreasonable, and the compensation standard is low, as the expropriated person, it needs to be submitted within 30 days, of course, if the relevant departments have not issued the compensation and resettlement plan, but there has been actual expropriation, the lawyer here recommends that you first obtain these materials through the ** information disclosure procedure, and then start the corresponding legal procedures in a targeted manner.
2. The right to submit a reconsideration or appraisal of the assessment report.
According to the provisions of the Measures for the Appraisal of the Expropriation of Houses on State-owned Land, the compensation for the value of the expropriated houses shall be determined by the appraisal agency. Therefore, after the appraisal agency has assessed the expropriated house, it will make an appraisal report and publicize it within the scope of expropriation, and if there is no objection during the publicity period, then the appraisal agency needs to send the appraisal report to the housing expropriation department, and the housing expropriation department shall forward the sub-household assessment report to the expropriated person.
If the assessee has any objection to the appraisal results on the appraisal report after receiving the sub-household appraisal report, then he can apply to the real estate appraisal agency for review, which is the legitimate rights and interests of the expropriated person granted by law. From the perspective of practice, some expropriators will decide on the assessment agency without the knowledge of the assessee, but because of this, the appraisal report made by the appraisal agency may be unfavorable to the assessee, so after obtaining the appraisal report, the assessee must carefully review the legitimacy of the appraisal report, and if the content of the appraisal report is found to be wrong or unreasonable, then it is necessary to apply for review immediately.
Generally, the time limit for applying for a review of the assessment report is only 10 days, which is calculated from the date of receipt of the assessment report by the assessee, so you must grasp this relief channel to avoid missing it. After applying for review, if you are still not satisfied with the review results, for example, the assessment agency has not made modifications, or the assessment results are still unfavorable to you after the modification, then as the assessee can apply to the expert committee for appraisal within 10 days from the date of receiving the review results, which is also the right granted to us by law.
In short, after receiving the assessment report, if the assessment report is unreasonable, do not wait, must take practical action, if you do not know how to apply for review or appraisal, then, the levied person can immediately consult a professional lawyer.
3. The right to complain and report.
Land acquisition and demolition is a project involving the interests of both the state and the expropriated person, therefore, as we said earlier, the state has made very strict expropriation procedures for land acquisition and demolition, and the relevant departments must promote the expropriation work in accordance with the relevant provisions in accordance with the law, and none of the approval procedures should be left behind.
However, in the course of practice, we have found that there are often individual expropriators who start the expropriation work for various reasons or methods without fully performing the relevant procedures, or promote the expropriation work, such as forcibly occupying the land without going through the approval procedures for the conversion of agricultural land, or forcibly demolishing the expropriated people's houses and starting construction when the compensation has not yet been put in place.
In this regard, Kainuo lawyer here reminds everyone that these behaviors are illegal, and if the majority of expropriated people encounter such a situation in the process of land acquisition and demolition, they must immediately complain and report to the relevant departments, and our expropriated people have the right to complain and report the illegal acts in land acquisition and demolition, and require the relevant departments to investigate and deal with them.
In short, the last thing I want to tell you is that our expropriated person has certain rights in land acquisition and demolition, and if the expropriator infringes on these rights in the process of expropriation, then the expropriated person can protect his legitimate rights and interests through legal channels.