Author: Nie Tiantian, Beijing Hengbi Law Firm.
Not all land acquisition and demolition projects are legal. Illegal expropriation usually has the following characteristics:
Expand the scope of expropriation without authorization. Some expropriation projects will use the name of formal expropriation projects to fan to see how to expand the scope of expropriation.
Negotiated levy. Expropriation by lease in lieu of rent, disguised transfer of land, etc., are all agreed expropriation without land acquisition documents. And the agreement to levy is illegal.
Civil entities privately sign land use agreements with village committees to carry out non-agricultural construction.
During the demolition process, the demolition was carried out without going through legal procedures.
In order to reduce the phenomenon of demolition without going through legal procedures, China's relevant laws and regulations set restrictions on the expropriation and legal demolition of houses on state-owned land and collective land.
According to the provisions of the Regulations on the Expropriation and Compensation of Houses on State-owned Land:
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. The application for compulsory enforcement shall be accompanied by materials such as the amount of compensation, the special account storage account, the location and area of the property right exchange house and the swing house.
In accordance with the provisions of the Land Management Law:
Where it is ordered to demolish newly built buildings and other facilities on illegally occupied land within a specified period of time, the construction unit or individual must immediately stop the construction and demolish it on its own; If the construction continues, the organ that made the penalty decision has the right to stop it. If the construction unit or individual is dissatisfied with the administrative punishment decision ordering the demolition within a set period of time, it may file a lawsuit with the people's court within 15 days of receiving the decision to order the demolition within a set period of time; Where they do not prosecute and do not dismantle it on their own at the end of the time limit, the organ that made the penalty decision shall apply to the people's court for compulsory enforcement in accordance with law, and the costs shall be borne by the offender.