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Anonymous users2024-02-13Collective land houses are generally not allowed to be demolished. The housing expropriation department shall enter into a compensation agreement with the expropriated person, follow the principle of compensation first and then demolition, and if it is necessary to enforce the demolition, the preconditions for the house to violate the policy must be met, and the forced demolition procedure must be legal.
[Legal basis].Article 26 of the Regulations on the Expropriation and Compensation of Houses on State-owned Land.
If the housing expropriation department and the expropriated person fail to reach a compensation agreement within the time limit specified in the expropriation compensation plan, or the owner of the expropriated house is not clear, the housing expropriation department shall report to the people at the city and county level who made the housing expropriation decision in accordance with the provisions of these Regulations, make a compensation decision in accordance with the expropriation compensation plan, and make a public announcement within the scope of housing expropriation. Compensation decisions shall be fair, including matters related to compensation agreements as 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 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'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 and the location and area of the special account storage, property right exchange housing and swing housing.
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Anonymous users2024-02-12Hello, it is not allowed to be demolished illegally, in the demolition, you must apply to the people's court, and the demolition is illegal without application.
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Anonymous users2024-02-11Legal Analysis: Houses on rural collective land can be forcibly demolished. In the collective land expropriation involving the expropriation of houses on the collective land of farmers, all localities cannot carry out compulsory demolition, but should apply to the court for compulsory enforcement.
In addition to the scope of urban construction land determined in the overall land use plan, if the land is used for a construction project with a separate site, the land-using unit shall, in accordance with the regulations, handle the procedures for the expropriation of collective land.
Legal basis: Article 26 of the Regulations for the Implementation of the Land Management Law of the People's Republic of China stipulates that the compensation fee for above-ground attachments and seedlings shall belong to the owner of the above-ground attachments and seedlings. The resettlement subsidy is the subsidy for the resettlement of the excess labor force caused by the land acquisition of the expropriated unit after the state expropriates the collective land.
Where the persons who need to be resettled are resettled by the rural collective economic organization, the resettlement subsidy shall be paid to the rural collective economic organization and shall be managed and used by the rural collective economic organization; if it is resettled by other units, the resettlement subsidy shall be paid to the resettlement unit; Where unified resettlement is not required, the resettlement subsidy shall be paid to the individual resettled person or used to pay the resettled person's insurance expenses after obtaining the consent of the resettled person.
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Anonymous users2024-02-10Hello, no. Even if a compensation agreement is signed, if you want to relocate, you need to apply to the people's court, and it is illegal to demolish without the permission of the court.
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