According to the provisions of Article 26, Paragraph 1, of the "Regulations on House Expropriation and Compensation on State-owned Land", the house expropriation department and the expropriated person fail to reach a compensation agreement within the contract period determined in the expropriation compensation plan, or If the owner of the expropriated house is unknown, the house expropriation department shall report to the city or county-level people's government that made the house expropriation decision, make a compensation decision based on the expropriation compensation plan, and make an announcement within the scope of the house expropriation.
Therefore, if the people being demolished insist on not agreeing to the demolition, the government administrative department will issue a notice of expropriation and compensation, and the relevant houses can be demolished in the next step. This approach will not prevent demolition.
2. The only way to effectively prevent demolition is to revoke the expropriation decision through legal procedures.
If the demolished households do not want to relocate, they can apply for administrative ruling through legal procedures. Demolition can only be terminated when the administrative department of the government announces the cancellation of the expropriation decision. There is a certain period of time between the government making the expropriation decision and house demolition, and the demolished persons can handle complaints in accordance with legal procedures.
3. What administrative remedies are available?
According to the "Regulations on the Expropriation and Compensation of Houses on State-owned Land", if the expropriated person has objections to the compensation standard, he or she may apply for administrative reconsideration or file an administrative lawsuit in accordance with the law.
According to the relevant provisions of the "Administrative Reconsideration Law" and the "Administrative Litigation Law", after the government issues a decision on expropriation and compensation and announces it, the demolished persons can apply to the review authority for administrative review within 60 days. If you are dissatisfied, you can file an administrative lawsuit within 6 months and request that the relevant circumstances be re-identified.
Legal basis: Article 8 of the "Regulations on the Expropriation and Compensation of Houses on State-Owned Land" In order to safeguard national security, promote national economic and social development and other public interests, it is necessary to expropriate houses under any of the following circumstances: , the city and county people's governments make house expropriation decisions:
(1) National defense and diplomatic needs;
(2) Energy, transportation, water conservancy and other infrastructure organized and implemented by the government The needs of construction;
(3) The needs of public utilities such as science and technology, education, culture, health, sports, environment and resource protection, disaster prevention and reduction, cultural relics protection, social welfare, and municipal utilities organized and implemented by the government ;
(4) The need for the construction of affordable housing projects organized and implemented by the government;
(5) The need for the reconstruction of old cities organized and implemented by the government in accordance with the relevant provisions of the Urban and Rural Planning Law;
(6) Other public interest needs stipulated in laws and administrative regulations.