According to the Regulations on Expropriation and Compensation of Houses on State-owned Land
Article 26 If the house expropriation department and the expropriated person fail to reach a compensation agreement within the signing period determined by the expropriation compensation scheme, or the owner of the expropriated house is unknown, the house expropriation department shall report to the people's government at the city or county level that made the decision on house expropriation, make a compensation decision according to the expropriation compensation scheme in accordance with the provisions of this Ordinance, and make an announcement within the scope of house expropriation.
The compensation decision shall be fair, including matters related to the compensation agreement as stipulated in the first paragraph of Article 25 of these Regulations.
If the expropriated person refuses to accept the compensation decision, he may apply for administrative reconsideration or bring an administrative lawsuit according to law.
Edited on 20 19-06- 14.
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What if the compensation for land expropriation is unreasonable?
Unreasonable compensation for land acquisition can be reported to the local county government, and those that cannot be solved can be reported to the provincial land management department. If you think that the distribution of land compensation is unreasonable or illegal, you can bring a lawsuit to the court to solve it. The procedure of bringing a lawsuit to the court is the same as other ordinary civil cases, but it needs to provide targeted evidence of unfair, unreasonable and illegal distribution of compensation, and the court will make a judgment. If a member of a collective economic organization brings a civil lawsuit because he has not actually obtained the right to contracted management of land, the people's court shall inform him to apply to the relevant administrative department for settlement. The people's court shall not accept a civil lawsuit filed by a member of a collective economic organization on the allocation of land compensation.
1 likes 96 browsing 20 19-09- 18
What if the claim is unreasonable?
If the claim for compensation is unreasonable, the infringer may refuse compensation, and the parties may request the people's mediation committee, relevant units and relevant administrative departments for mediation, or apply to an arbitration institution for arbitration according to law, or bring a civil lawsuit to the people's court. In the event of a civil dispute, the parties may request the people's mediation committee, relevant units and relevant administrative departments to mediate, apply to an arbitration institution for arbitration according to law, or bring a civil lawsuit to the people's court. The People's Mediation Committee is an organization that mediates civil disputes under the guidance of grassroots people's governments and grassroots people's courts. The People's Mediation Committee conducts mediation in accordance with the law and the principle of voluntariness. The parties shall perform the agreement reached through mediation; If you are unwilling to mediate, fail to mediate or go back on your word, you can bring a lawsuit to the people's court. According to the characteristics and contents of civil disputes, civil disputes can be divided into two parts: first, civil disputes over property relations, including civil disputes over property ownership relations and civil disputes over property circulation relations. The other is the civil disputes of personal relations, including the civil disputes of personality rights and identity relations. Extended data case: Mou Wei drove the electric car to send the grilled fish stove to Zhu Long Lane, Qingyuan Town, Yizhou City, and returned it to others. On the way back, he and Mou Yang, pushing a bicycle, walked in the same direction at the south intersection of Yizhou Grain Bureau Market. Because Yang didn't give way to the defendant, there was an altercation between the two sides. When Wei overtook Yang's right side, he met Yang's bike. Yang hit Wei with his bike, and Wei then punched Yang in the face. Wei saw that Yang was knocked to the ground and fled the scene. After Yang was injured, he was sent to the First People's Hospital of Hechi City for treatment, and was diagnosed as 1. Traumatic brain injury: subdural hematoma at the top of left frontotemporal and right frontotemporal; Subarachnoid hemorrhage; Left frontotemporal delayed hematoma; Brain swelling; Linear fracture of occipital bone; Trauma of occipital soft tissue; 2. Lip soft tissue contusion and laceration. The plaintiff has been hospitalized several times 104 days, and spent medical expenses 108336.04 yuan. Yizhou People's Procuratorate filed a public prosecution with Yizhou People's Court for the crime of intentional injury committed by defendant Wei. During the lawsuit, plaintiff Yang filed an incidental civil lawsuit with our court. Mou Wei, the defendant, is required to compensate the plaintiff for various economic losses of 934,504.04 yuan (including medical expenses, lost time, nursing expenses during hospitalization, food subsidies for hospitalization, disability compensation, nursing expenses for first-class dependent relatives, appraisal expenses and wheelchair expenses). After hearing the case, the court held that the defendant Wei intentionally injured others' bodies and caused serious injuries, and his behavior had violated the criminal law and constituted the crime of intentional injury. Plaintiff Yang is at fault in this case and should bear certain responsibilities. According to the degree of fault, the court found that the plaintiff Yang was responsible for 10%. Yang, the plaintiff in the incidental civil action, demanded compensation of 424,860 yuan for disability compensation and 376,200 yuan for first-class support and nursing expenses, which were not within the scope of accepting criminal incidental civil action and were not supported. On September 22, 20 13, our hospital made a criminal incidental civil judgment, and the judgment was: 1. Defendant Wei was convicted of intentional injury and sentenced to six years' imprisonment; 2. The defendant compensated the plaintiff Yang for medical expenses 108336.04 yuan, lost time expenses of 8,280 yuan, hospitalization nursing expenses of 9,568 yuan, hospitalization food subsidy of 4 160 yuan, appraisal expenses 1900 yuan and wheelchair expenses 1200 yuan, totaling 654,300 yuan. Baidu Encyclopedia-People's Network of Civil Disputes-The judgment of incidental civil action has come into effect, and the plaintiff's second claim is rejected.
5 like 1, 3 14 browse 20 19-06-08.
The compensation for demolition is unreasonable, but what should I do if I have signed it?
The signed agreement takes effect, or it is deceptive or misleading. You sued the court and asked the court to declare the agreement invalid. You think it's obviously unfair to cancel the agreement completely. There is no uniform compensation standard for houses on rural collective land. The principle is not to lower the original living standard, improve the short-term life and ensure the long-term life. At the same time, it should be considered comprehensively according to the building structure, construction year, geographical location and use of the house. It is also necessary to make different calculations in combination with the government's resettlement methods. In accordance with the exchange of property rights, reasonable area compensation and decoration expenses, relocation subsidies and transition fees shall be given; If the land is rebuilt according to the plan, the replacement price (the cost of building the original scale house locally), decoration fee, relocation subsidy and transition fee shall be compensated; According to pure monetary compensation, the average price of commercial housing in nearby towns should be compensated. If you feel that the expropriation compensation is not open, opaque and unreasonable, you can apply for government information disclosure and access to the expropriation documents, and defend your rights through administrative reconsideration or administrative litigation. "Regulations on Expropriation and Compensation of Houses on State-owned Land" Article 25 The house expropriation department and the expropriated person shall, in accordance with the provisions of these regulations, conclude a compensation agreement on matters such as compensation method, compensation amount and payment period, location and area of the house with property rights exchange, relocation expenses, temporary resettlement expenses or revolving houses, loss of production or business suspension, relocation period, transition mode and transition period. After the conclusion of the compensation agreement, if one party fails to perform the obligations stipulated in the compensation agreement, the other party may bring a lawsuit according to law. Extended data:
Unreasonable compensation for demolition: (1) conclusion of compensation agreement for demolition and resettlement The demolition agreement shall be reached through consultation between the demolisher and the demolished. Have objections, the demolition can refuse to sign. And upon the application of the parties, it shall be decided by the house demolition management department. Housing demolition management department is the demolition, managed by the people's government at the same level. The ruling shall be made within 30 days from the date of accepting the application. (II) Compensation standards under different circumstances Different compensation standards depend on the implementation opinions of specific demolition projects and different economic development conditions in different places, as well as the different conditions of houses and land. Housing demolition compensation can be divided into housing compensation and land compensation. The compensation of commercial housing is higher than that of homestead. Demolition lawyers remind everyone that when evaluating commercial housing, we must not forget to ask for compensation for the losses caused by the suspension of production and business. Therefore, whether the compensation standard is too low depends on the local actual situation. (3) When the compensation for applying for information disclosure is too low, apply for government information disclosure first to see whether the compensation set by the government is fair and reasonable. If it is found that the demolition party fails to perform its obligations in accordance with the compensation agreement, it may bring an administrative reconsideration or administrative lawsuit according to law. Baidu encyclopedia-compensation for demolition
22 Zan 943 Browse 20 19-02-2 1
The compensation for demolition has been signed, and later it was found that the compensation was unreasonable. What should I do?
Solution: 1 First of all, we must confirm whether it is forced demolition. If so, we can appeal. 2. If it is not forced demolition, but unreasonable compensation, you can find a professional lawyer to safeguard your legitimate rights and interests through consultation, administrative reconsideration, administrative litigation and media exposure. 3. You can also claim that the agreement is invalid and both parties can negotiate again. Extended data:
The standard of land requisition compensation is 1, and the specific standard and amount of various land requisition compensation fees are stipulated in the land requisition compensation and resettlement plan approved by the municipal and county governments according to law. 2. Determination of the average annual output value in the three years before land acquisition (compensation standard of land compensation fee and resettlement subsidy): the annual statistical report of the most basic unit approved by the local statistical department and the unit price approved by the price department shall prevail. 3, according to the provisions of the payment of land compensation fees, resettlement subsidies can not make the farmers who need to be resettled to maintain their original living standards, you can increase the resettlement subsidies. The original land compensation fee and resettlement subsidy shall not exceed 30 times of the average annual output value in the three years before land acquisition, which has been deleted in the Land Management Law on March 26th, 20 13. When the government expropriates farmers' land, it must have legal projects. In accordance with legal procedures, reasonable compensation should be given to the expropriated person, and compensation should be paid first before expropriation. Any expropriation that violates the above basic principles is illegal. The expropriated person may refuse to sign an agreement on land acquisition compensation and resettlement, and strive for his legal rights by applying for information disclosure, filing an administrative reconsideration or administrative litigation. Reference: Baidu Encyclopedia-Demolition Compensation
6 like 2,581browse 2020-02-24.
What should I do if the compensation for demolition is unreasonable?
1. In general, if you are not satisfied with the compensation for land acquisition, you can find the local people's government to coordinate. 2. If the coordination fails, it may be submitted to the local people's government for adjudication. 3. If the land acquisition is abnormal, you can collect relevant evidence and bring a lawsuit to the court.