The staff housing was illegally demolished, guizhou court ruled that it was illegal, and lawyers acted as agents to recover losses

2022-07-09 0 By

In 2019, LAN Qin Law Firm accepted the entrustment of L Unit to act for the forced demolition of a house located in Zunyi city, Guizhou Province.Plaintiff L unit is located in Zunyi City, the area of 3000 square meters, used to be collective land.In the 1980s, in accordance with the policy and practice at that time, the plaintiff paid the land compensation fee of 60,000 yuan to the collective land user and was allowed to use the land.In the 1990s, the plaintiff, with the approval of the relevant departments, raised funds to build houses of more than 1,000 square meters on the land, and later approved to bring the house into the scope of housing reform, because there are still some real estate has not been allocated to workers, the property rights still belong to the plaintiff.On April 28, 2008, zunyi Municipal People’s Government issued a state-owned land use right certificate, which confirmed the state-owned land use right to the plaintiff in accordance with the provisions of the law by means of allocation.Later, in order to carry out the demolition, the defendant, without the consent or authorization of the plaintiff, entrusted a third party to make a dangerous house appraisal. At the end of May 2019, the defendant demolished the plaintiff’s house.The plaintiff thinks, the defendant demolishes the building that the plaintiff enjoys the right, should via legal procedure can be carried out, but the dismantling behavior of the defendant did not agree through the plaintiff, also without plaintiff authorization, do not accord with legal regulation, its behavior should break the law, because this appeals to the court.Plaintiff units located in XXX turn shantytowns into new housing areas within the scope of a project, the defendant zhunyi safflower district people’s government shall, in accordance with the “state-owned land on the housing levy and compensation ordinance article 25 and article 26, article 27, the provisions of article 28 of the expropriated by the house acquisition and compensation agreement after consensus,If no agreement can be reached within the period of signing the compensation scheme for expropriation, the defendant may make a compensation decision for expropriation according to law, and after the compensation decision becomes legally effective, the defendant shall apply to the people’s court for compulsory execution.In this case, because the plaintiff and the defendant failed to reach an agreement on expropriation compensation, and the defendant failed to make a decision on expropriation compensation to compensate the plaintiff according to law, the demolition act violates the legal provisions of “Regulations on Expropriation and Compensation of Houses on State-owned Land”.Lawyer reading: government departments for houses on state-owned land, should be expropriated by the house acquisition and compensation agreement after consensus, such as in a compensation plan fail to reach an agreement in the period of contract, the defendant may, in accordance with law, impose compensation decision, after compensation decision takes legal effect, by the defendant to apply to the people’s court for compulsory execution.Even if the houses are judged to be “dangerous” or “illegal”, the relevant procedures should be followed and the houses of the expropriated people should not be demolished.