First, due diligence.
(1): Investigate the legality of demolition.
According to the "Regulations on the Administration of Urban Housing Demolition"
1) Construction project initiation document
2) Construction land planning permit
3) Approval document of state-owned land use right
4) Demolition plan and implementation plan
5) Proof of resettlement compensation funds (special)
According to the Regulations on Expropriation and Compensation of Houses on State-owned Land
Does 1) belong to the needs of public interest, and does it specify which aspect of public interest it belongs to?
2) Is it in line with the national economic and social development planning, the overall land use planning, urban and rural planning and special planning? (Combined with national and local comprehensive review)
3) Have the so-called national economic and social development planning, overall land use planning, urban and rural planning and special planning been consulted by the public? Has it been scientifically demonstrated?
4) Are affordable housing projects and old city reconstruction projects included in the annual plans for national economic and social development at the city and county levels?
5) Before the compensation scheme is determined, do you organize relevant departments to demonstrate? Has the public been consulted publicly? Is the consultation period less than 30 days?
6) For the old city reconstruction project, if most of the expropriated people think that the expropriation compensation scheme does not conform to the provisions of this Ordinance, has the people's government at the city or county level organized a hearing, and have the expropriated people and public representatives participated? Is the plan revised according to the hearing?
7) Have social stability risks been assessed?
8) Is the compensation paid in full? Special account storage, special fund is special?
[2]: Land use right survey
Distinguish whether the land owned by enterprises belongs to collective land or state-owned land?
Does it belong to the lessee or the real land use right holder?
Whether the collective land belongs to the collective construction land, and whether it belongs to the legitimate business land?
State-owned land should be used differently. Is it industrial, commercial or residential land?
[3]: Investigation of the enterprise itself.
1. Review the legality of enterprise housing construction. If it is a lease, the legitimacy of the lease is mainly related to the lessor's subject and subject matter. Is it possible to invalidate the contract?
2. Comprehensive retrieval of industrial and commercial archives. Review the land or house invested by the enterprise, including the business license, tax payment, employee contract and other related invoices of mobile equipment and accessories. (Calculate his relocation expenses and losses in the process of relocation) The market value of immovable accessories. And prepare the loss report, if necessary, please ask a qualified assessment agency to make an assessment.
Second, the demolition compensation and resettlement consultation.
1. Negotiate with the agent of the demolition implementation unit on behalf of the enterprise. (This part is the focus of lawyers' work)
2. Reasonably reflect the losses and requirements of the enterprise; It should be comprehensive and well-founded.
3. Supervise the legality of the demolition procedure;
If there are water cuts, power cuts, circuit breaks and other things that endanger the legitimate rights and interests of the demolished enterprises. Lawyers should take legal measures in time.
Third, litigation and trial.
1. Participate in the lease contract dispute between the enterprise and the land lessor or the house lessor;
2 to participate in the arbitration meeting and hearing procedure between the enterprise and the demolition person;
3. Apply to the people's court for administrative reconsideration or bring an administrative lawsuit as needed;
Fourth, sign the demolition compensation and resettlement agreement.
1. Review whether the demolition compensation and resettlement agreement is unfavorable to the entrusting party;
2. Supervise the effective implementation of the demolition compensation and resettlement agreement.
In the face of illegal demolition, most people who have been demolished have two manifestations: one is silence and letting them be slaughtered, and the other is reckless violent resistance. In the case of land acquisition and demolition, there are still many opportunities for lawyers to intervene. This can be selected according to the situation of the people being demolished. Housing demolition disputes consulting demolition lawyers is certainly more reliable than studying at home, and sometimes they can get twice the result with half the effort. In addition, although the cost of hiring lawyers in house demolition cases has increased, the success rate has also increased, and demolition cases generally involve a large amount. Compared with expenditure and income, hiring a lawyer is still a wise choice with a high safety factor.