Reading guide:Only when one of these two conditions is met can a decision on expropriation compensation be issued: 1. The housing expropriation department and the expropriated person fail to reach a compensation agreement within the time limit specified in the expropriation compensation plan. 2. The owner of the expropriated house is not clear.
In China's legal demolition, some legal documents, if you don't pay attention to it, can also "disguise" lower the compensation for demolition, and the expropriator is also happy to see it. We expropriated people have to be careful.
Facts of the case:
Mr. Liu's house in a county in Sichuan was included in the scope of demolition in October 2018, and he was very dissatisfied with the compensation given by the demolition party, and he negotiated with the demolition party many times to no avail, so he never signed it.
However, in January 2019, Mr. Liu suddenly received a compensation decision for the expropriation of the house, which still did not reach the actual value of his house. Concerned about the impact the document would have on his compensation, Mr. Liu hurriedly consulted a demolition lawyer to find a response.
After learning about the situation, the demolition lawyer told Mr. Liu that if he did not take immediate measures to protect his rights after receiving this document, it would be difficult to increase the compensation if the statute of limitations expired. If you ignore it, you may only wait for the result of the judicial demolition.
What is the Housing Expropriation Compensation Decision in China? What are the conditions that need to be met to issue an expropriation compensation decision?
According to the Regulations on the Expropriation and Compensation of Houses on State-owned Land
Article 26.
If the housing expropriation department and the expropriated person fail to reach a compensation agreement within the time limit specified in the expropriation compensation plan, or the owner of the expropriated house is not clear, the housing expropriation department shall report to the people at the city and county level who made the housing expropriation decision in accordance with the provisions of these Regulations, make a compensation decision in accordance with the expropriation compensation plan, and make a public announcement within the scope of housing expropriation.
Compensation decisions shall be fair, including matters related to compensation agreements as provided for in the first paragraph of article 25 of these Regulations.
According to this provision, a decision on compensation for expropriation can be issued if one of these two conditions is met:
1. The housing expropriation department and the expropriated person fail to reach a compensation agreement within the signing period determined by the expropriation compensation plan.
When the housing expropriation department carries out the expropriation, it will formulate an expropriation compensation plan to determine the initial compensation of the demolished person, and this plan has a time limit.
Because a project development definitely needs to be planned, and the completion of the project needs to have a deadline. Therefore, within this time limit, if the expropriation department and the person being demolished cannot reach an agreement on compensation, the housing expropriation department can issue a decision on expropriation compensation.
2. The owner of the expropriated house is not clear.
The owner of the expropriated house is not clear, and the housing expropriation department does not know with whom to sign the expropriation compensation agreement, but the expropriation project cannot be dragged out like this. Based on this, the housing expropriation department can report to make a compensation decision.
According to the Regulations on the Expropriation and Compensation of Houses on State-owned Land
Article 28.
If the expropriated person does not apply for administrative reconsideration or does not file an administrative lawsuit within the statutory time limit, and does not relocate within the time limit specified in the compensation decision, the people's people at the city or county level who made the housing expropriation decision shall apply to the people's court for compulsory enforcement in accordance with the law. This is what we often call judicial demolition.
In the actual land acquisition and demolition, the Housing Expropriation Compensation Decision is generally a necessary means for the expropriator to carry out the demolition and relocation when the compensation agreement cannot be reached within the specified time limit. Therefore, once the expropriation compensation decision is received, it means that the door to compulsory demolition has been opened.
Therefore, for the demolished households, the decision to expropriate and compensate for housing expropriation is like a "timing trap", which must be identified and responded to in a timely manner.
In my country, what should I do if I receive a decision on compensation for expropriation?
According to the Regulations on the Expropriation and Compensation of Houses on State-owned Land
Article 26, paragraph 3.
If the expropriated person is dissatisfied with the compensation decision, he may apply for administrative reconsideration in accordance with the law, and may also file an administrative lawsuit in accordance with the law.
If the expropriated person is dissatisfied with the housing expropriation compensation decision made by the municipal or county-level people**, he may, within 60 days from the date of knowing the specific administrative act, apply for administrative reconsideration to the people** at the next higher level of the city- or county-level people** who made the housing expropriation compensation decision.
The expropriated person may file an administrative lawsuit with the people's court in accordance with law within 6 months from the date on which he knew or should have known that the administrative act had been taken. In addition, if the expropriated person is dissatisfied with the reconsideration decision after applying for administrative reconsideration in accordance with the law, he may also file an administrative lawsuit with the people's court within 15 days from the date of receipt of the reconsideration decision.
From the above, it can be seen that legal documents may objectively cause a certain degree of infringement on your compensation rights, and we must pay attention to each expropriation document. In particular, when we are relocated households receive the decision on compensation for housing expropriation, we must pay attention to it, consult a lawyer in a timely manner, take legal measures within the effective time limit, and do not push our houses step by step to the fate of being forcibly demolished.