Reading guide:"Key points to grasp": 1. The expropriator has not approved the construction or has no announcement. 2. Illegal eviction or violent demolition by the expropriator. "Can't do it": 1. Don't keep the house, sing the empty city plan. 2. Feel free to agree to the consultation and the mock demolition agreement.
In the field of expropriation and demolition rights protection, whether the expropriated person has the ability to capture rights protection fighters is very important. When some practices of the expropriator appear, it is equivalent to selling a big flaw to the expropriated party, and if the opportunity is seized, it is not a problem to increase the compensation.
From another point of view, the expropriated person must resolutely put an end to the things that "cannot be done", otherwise it will be useless to seize the opportunity again, and can only "dig the pit and bury it by himself".
One of the key points that must be grasped: the expropriator has not approved the construction or has not made an announcement
"No announcement, no expropriation" is an unchanging truth in the field of expropriation, and if the expropriating party wants to make an announcement, the prerequisite is that it can be announced.
What to announceIt is nothing more than a decision to expropriate a house or an approval document for the expropriation of land.
In urban housing demolition, if there is no announcement of the housing expropriation decision, the project involved in the case still lacks the conditions for legal start-up, and the expropriated person has the right to refuse any consultation, negotiation or signing of the agreement and choose to wait and see. For rural collective land expropriation, the land requisition approval document and land expropriation announcement are of greater significance.
Measures for the Announcement of Land Expropriation
Article 14. If the announcement of land expropriation is not carried out in accordance with the law, the land-expropriated rural collective economic organizations, rural villagers or other rights holders have the right to request an announcement in accordance with the law, and have the right to refuse to go through the registration procedures for land acquisition compensation. For the announcement of land requisition compensation and resettlement plans directly related to the compensation and resettlement of land-expropriated farmers, if the expropriating party fails to perform the announcement duty, the expropriated party also has the right to say no to the expropriation.
It can be seen that when the expropriator commits a foul due to "construction without approval" or "failure to announce", the expropriated party should seize this opportunity to protect its rights in a timely manner, on the one hand, resolutely refuse to cooperate with the next step of land acquisition and protect its own legal property rights; On the other hand, in a timely manner, an application for investigation and punishment of illegal expropriation shall be submitted to the local and county-level people** or the natural resources department, and the relevant departments of expropriation shall be required to perform their duties of investigation and punishment, and if necessary, further remedial measures shall be implemented through administrative litigation.
Strong supervision on such decisive issues is expected to provide a strong boost for the expropriated persons to obtain fair and reasonable compensation.
The second point that must be grasped: illegal forced eviction or violent demolition by the expropriator
The most commonly encountered acts of "five breaks", smashing doors and windows, physical threats and forced evictions are undoubtedly serious foul actions.
The expropriated person should remember not to be intimidated by its edge, but to calmly and rationally actively seize the opportunity to protect its rights and seek a breakthrough
Collect evidence in time and report to the police in time
Good at using the installation of monitoring probes, arrange manual shooting and other ways to clearly record the sabotage, the first time to call 110 to call the police to request ** to perform the legal duty of protecting the personal and property safety of citizens. In the event of inaction by the public security organs, they shall promptly initiate an administrative lawsuit to initiate further relief.
Repair minor damage in a timely manner and continue to hold on to the home
It is necessary to avoid the occurrence of the "broken window effect", and repair the small damage in time to ensure that the house can continue to be lived in. Such a tenacious style is really "defending as attacking", which will greatly weaken the spirit of the evictionists.
Timely self-defense to ensure the bottom line of personal safety
If necessary, personnel can be organized to control the illegal forced eviction of personnel, vehicles, etc., and report to the police in time, once these unknown social personnel fall into the hands of **, the case will develop in the direction of benefiting the expropriated person. However, all acts of self-defense must be premised on ensuring one's own safety and avoiding "excessive defense."
For more serious illegal and violent forced demolitions, what the expropriated person needs to do is to take the four major steps of "self-protection + evidence collection + police + prosecution for illegal forced demolition", and build a negotiation platform or obtain administrative compensation through suing for illegal forced demolition.
This classic rights protection "** everyone is more familiar with, so I will not repeat it.
One of the things that can't be done: don't keep the house, sing about the empty city
This is the most serious situation of "kicking the ball into your own door" and must be resolutely eliminated.
Please keep in mind the majority of the expropriated persons:We must not pin our hopes for the safety of our property on the consciousness of the expropriator to administer according to law, otherwise we will fall into the abyss from which we will never recover.
Remember, guarding the house is the first priority of expropriation and rights protection. If you don't keep the house and sing about the empty city, it doesn't matter if you protect your rights, and it is more realistic to sign an agreement to move directly.
In practice, some expropriated persons negotiate while going out to work, and their houses are in an intermittent and inhabited state, which is extremely dangerous. In the event of premeditated accidental demolition or illegal demolition, the expropriated person will face great difficulties in obtaining evidence, and it will be difficult to identify the subject of the forced demolition.
Don't do two: Feel free to agree to the consultation and mock demolition agreement
In projects such as the renovation of old cities, shantytowns, and urban villages, the purpose of "soliciting opinions" is to find out whether the expropriated person agrees with the renovation or feels that it is "acceptable" to live in it; The purpose of the "mock demolition agreement" is to find out whether the expropriated party agrees with the compensation standard established by the expropriation compensation plan, or considers the compensation to be significantly low and unacceptable.
For these two major steps directly related to the rights and interests of the expropriated person, the expropriated person must not arbitrarily dispose of them, but must accurately express his true intentions. In these two links, the expropriation party's repeated work, a small amount of incentives and other incentive policies and "small losses" will create greater obstacles for future rights protection, and will create conditions for the expropriator to forcibly promote the project.
The last thing the demolition lawyer wants to remind everyone isAvoid "can't do" and grasp the "key points that must be grasped", then the expropriated person for expropriation, demolition and rights protection is expected to be invincible. Only on the premise of doing a good job in the above points can a fair negotiation and communication platform be established, and the expropriated person may obtain fair and reasonable compensation for expropriation.
Expropriation and rights protection is a dynamic process, and many changes will occur at any time and need to be disposed of at any time, which puts forward higher requirements for the flexibility of the expropriated person to protect their rights. Promptly appointing a professional expropriation rights lawyer** and finding a qualified commander may be the best way to achieve the above points.