Why is your house called a nail household if you don t want to be demolished?

It is because of some reasons that he is unwilling to demolish his old house, even if he is given the demolition money, he is not willing to move out, and the house belongs to the area under development, so it will be called a nail household.

It's just a metaphor. Some people are dissatisfied with the compensation given by the demolition party, do not agree to the demolition, and stick to the land like a nail, so they are called nail households.

I don't want my house to be demolished, but the relevant departments and ** have been doing ideological work, but with little success, so it is slowly called a nail household.

Because the house hinders transportation construction or urban planning, it will be called a nail household.

Because everyone else has been demolished, their houses are stuck in the ground like nails, so they are called nail households.

Legal analysis: Because the nail household is the people's ** at the time of demolition, the compensation given by the people has not been unanimously negotiated and refuses to be demolished; Therefore, no unit or individual may use violence, threats, or illegal means such as violation of laws and regulations to force the relocated households to relocate. If the demolished households do not do administrative reconsideration, do not file a lawsuit, or even do not relocate within the statutory time limit, the people's ** shall apply to the people's court for compulsory enforcement in accordance with the law.

Legal basis: Regulations on the Expropriation and Compensation of Houses on State-owned Land

Article 27 The implementation of housing expropriation shall be compensated first and then relocated. After the people at the city or county level who made the decision to expropriate the house compensate the expropriated person, the expropriated person shall complete the relocation within the relocation period agreed in the compensation agreement or the compensation decision.

No unit or individual may use violence, threats, or illegal methods such as interrupting water supply, heat supply, gas supply, power supply, and road traffic in violation of regulations to force the expropriated person to relocate. Construction units are prohibited from participating in relocation activities.

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 at the city or county level who made the decision to expropriate the house shall apply to the people's court for compulsory enforcement of Heqiao in accordance with the law. The application for compulsory enforcement shall be accompanied by materials such as the amount of compensation and the location and area of the special account storage, property right exchange housing and swing housing.

Under normal circumstances, nail households are not allowed to be forcibly demolished, and forced demolition is illegal. If the nail household has done an illegal act, then the demolition personnel can apply to the judicial department, and they can only be demolished after agreeing. Article 209 of the Civil Code:

The creation, alteration, transfer and extinction of immovable property rights shall take effect upon registration in accordance with the law; Without registration, it shall not take effect, unless otherwise provided by law. The ownership of natural resources that belong to the State in accordance with the law may not be registered.

Article 26 of the Regulations on the Expropriation and Compensation of Houses on State-owned Land The housing expropriation department and the expropriated person fail to reach a compensation agreement within the time limit determined by the expropriation compensation plan, or the owner of the expropriated house is not clear, the housing expropriation department shall report to the city and county-level people who have made the decision on housing expropriation in accordance with the provisions of these Regulations, make a compensation decision in accordance with the expropriation compensation plan, and make an announcement within the scope of housing expropriation. The compensation decision shall be made public, including the matters related to the compensation agreement provided for in the first paragraph of article 25 of these Regulations. 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.

Article 65 of the Urban and Rural Planning Law of the People's Republic of China If the rural construction planning permit is not obtained in accordance with the law or the construction is not carried out in accordance with the provisions of the rural construction planning permit in the township or village planning area, the township or town people shall be ordered to stop the construction and make corrections within a time limit; If it is not corrected within the time limit, it may be dismantled.

Legal analysis: The so-called nail household actually refers to the fact that when the demolition is carried out, because the conditions for the demolition have not been negotiated, the head of the household refuses to be demolished, and usually these heads of households will not sign the demolition agreement, so there is no way to demolish it. As long as the head of the household does not sign the demolition agreement, then it is not allowed to be demolished, because according to the laws of our country, forced demolition is also an illegal act.

Legal basis: State Compensation Law of the People's Republic of China Article 14 If the organ with the obligation to compensate fails to make a decision on whether or not to make compensation within the prescribed time limit, the claimant for compensation may file a lawsuit with the people's court within three months from the date of the expiration of the time limit. Where the claimant for compensation has objections to the method, item, or amount of compensation, or if the organ with the obligation to compensate makes a decision not to make compensation, the claimant may file a lawsuit with the people's court within three months from the date on which the organ with the obligation to compensate makes the decision to make or not to compensate.

The building of the nail household cannot be forcibly demolished if it is not an illegal building.

Only when it is an illegal building can it be forcibly demolished. The law stipulates that if the rural construction planning permit is not obtained in accordance with the law in the township or village planning area, or the construction is not carried out in accordance with the provisions of the rural construction planning permit, the township or town people shall be ordered to stop the construction and make corrections within a time limit; If it is not corrected within the time limit, it may be dismantled. Nail household is used to refer to some houses that have not been demolished for various reasons, and are located in downtown or development areas.

1. Which departments can be forcibly demolished.

According to the provisions of the Regulations on the Administration of Urban Housing Demolition and Relocation and the Administrative Ruling Regulations on Urban Housing Demolition of the Ministry of Construction, combined with judicial practice, you can apply for compulsory demolition, but you must comply with the compulsory demolition procedures.

Except for the following organs, no other unit or individual has the right to carry out forced house demolition

1. For illegal buildings, structures and facilities, local people at or above the county level are instructed to relevant departments or township and town people to organize forced demolition in accordance with the law;

2. For the people at the city and county level who make the decision to expropriate and compensate for the expropriation of houses on state-owned land, the people's court shall approve the organization of forced demolition;

3. According to Article 34 of the "Administrative Coercion Law", "after an administrative organ has made an administrative decision in accordance with the law, if the party concerned fails to perform its obligations within the time limit decided by the administrative organ, the administrative organ with the power of administrative compulsory enforcement shall enforce it in accordance with the provisions of this chapter." ”

4. The people's court with jurisdiction may organize the forced demolition of illegal buildings, structures and facilities, newly built buildings and other facilities on illegally occupied land, and houses on state-owned land for which a decision on expropriation and compensation has been made after judicial proceedings and has produced legal effect.

Nail household is used to refer to some houses that have not been demolished and relocated for various reasons, and are located in a downtown or development area. The explanation in the Modern Chinese Dictionary is that when land is requisitioned for urban construction, the tenants bargain and refuse to move out. We hope we can help you, and the above content is for reference only.