Can hundreds of people “demolish” homes without signing agreements?That would be illegal sooner or later

2022-08-01 0 By

Both rural houses (workshop) demolition, and housing demolition on state-owned land, has a strict procedure law in our country, and king of not overstepping to think how to collect how to collect, how to compensate the people how to compensate people, this unruliness behavior not only ordinary people can not accept, in law is never allowed.However, in the actual expropriation process, the implementation of expropriation on the red line of the law happens from time to time, and it is more common to force people to move by cutting off water, power, heating, forced demolition and other means.Recently, lawyers from Beijing Kainuo Law Firm acted on behalf of a case in Guiyang, Guizhou Province, where local authorities forced the demolition of a factory invested by the expropriated person worth nearly one million yuan.So is the eviction legal?Do they need to bear the corresponding legal liability?Let’s light of the specific conditions of the case to analyses the cold for you Sir, in 2006 through the local investment promotion and capital introduction policy and local village committee signed a civil agreement, after the agreement has been signed, Mr Cold according to the agreement to pay the relevant fees, and in the construction of the four houses for self-use land and rent, the housing area a total of more than five hundred square meters,Investment: nearly one million yuan.Later, due to the construction of the project, the relevant local departments included the land of Mr. Leng’s house into the scope of expropriation. I wanted to actively cooperate with the relevant departments in the expropriation work, but the expropriation compensation was very unreasonable. Facing the unreasonable compensation, Mr. Leng had to refuse to sign the compensation agreement first.Can let cold Mr. Did not think of is, the relevant departments in order to achieve the purpose of expropriation as soon as possible, will be their own housing identified as illegal construction, and make the corresponding illegal construction notice and other materials.In September 2019, without signing a compensation agreement or receiving any compensation, relevant departments organized more than 100 people to forcibly demolish Mr. Leng’s house, and the items in the room were destroyed due to forced demolition.After the house was forcibly demolished, Mr. Leng in order to safeguard his legal rights and interests, entrusted keino lawyer.After lawyer Keino intervened in the case, he rushed to Mr. Leng’s place to visit and investigate, and collected strong evidence materials through other legal procedures.After analyzing the case, Lawyer Keino directed Mr. Leng to file an administrative lawsuit to the court, requesting confirmation that the relevant departments forced the demolition of Mr. Leng’s house was illegal.In the trial, the relevant departments actually denied in court that they carried out the forced demolition of the behavior, and also directly blame the local people’s government, but the relevant departments to shirk the responsibility of the purpose, and did not succeed, because, Keinuo lawyer has confirmed that the illegal behavior is not the local people’s government through another case.Faced with the evidence submitted by Keino’s lawyers, the court finally ruled that the relevant departments had acted illegally in forcibly demolishing Leng’s house.According to the Regulations on the Implementation of the Land Administration Law, a decision on compensation and resettlement of land expropriation shall be made for individual cases that fail to reach an agreement.Article 62 Local people’s governments at and above the county level shall order those who obstruct the expropriation of land for state construction in violation of the provisions of land administration laws and regulations to hand over the land;Those who refuse to hand over their land shall apply to the people’s court for compulsory execution according to law.That is to say, if people think that compensation is not reasonable and refused to sign the compensation agreement, relevant departments are to make a decision on land requisition compensation and resettlement of expropriated, if not expropriated according to the contents of the compensation decided to move, so relevant departments can apply to the court for compulsory execution, so as to realize the purpose of land expropriation.However, in this case, the relevant department did not sign a compensation agreement with the expropriated person, did not make a compensation decision to the expropriated person, and did not apply to the court for enforcement, then identified Mr. Leng’s house as illegal construction, and forced the demolition of Mr. Leng’s house, which is obviously illegal.Housing demolition, the compensation before the implementation of the relevant departments in the forced behavior is illegal, be a person in this kind of situation, can in a timely manner to collect relevant evidence materials, such as building before and after the forced demolition of photos, videos, photos, video, and alarm when the forced demolition of phone records, records, etc., boldly through legal channels to safeguard their legitimate rights and interests.After confirming that the forcible demolition is illegal through legal channels, it can apply for compensation to the compensation organ. If the compensation organ does not compensate, then the expropriated person can, with the help of lawyers, file an administrative compensation lawsuit to the court, asking the relevant departments to assume the liability for compensation.