After the house expropriation compensation decision was made, the expropriation office consulted Zhang San again and asked to sign an agreement. According to the original plan, it can still compensate him with 500,000 yuan in monetary compensation or replace the resettlement house 100 square meter and 50,000 yuan for porters and other accessories. Otherwise, after compulsory execution, compensation can only be made according to the decision on compensation for house expropriation, and the execution cost shall be borne by Zhang San.
Zhang San is very dissatisfied with this. He always feels that the compensation is unreasonable, but he can't say anything unreasonable and he doesn't know how to solve it. So is there a problem with the compensation in this case?
Lawyer Wan Dian thinks: 1, the land use right of the expropriated house cannot be ignored. The Regulations on Expropriation and Compensation of Houses on State-owned Land stipulates that the right to use the land should be recovered at the same time when houses are expropriated, so the right to use the state-owned land should be compensated together, instead of being recovered free of charge when houses are expropriated. Zhang San's house should be evaluated and calculated according to the land use right of the expropriated house and the value of the expropriated house, and the blank area should not be recovered free of charge.
2. The compensation scheme fails to replace the main house and resettlement house with 1: 1 according to regulations. The expropriated house belongs to a single-family courtyard, while the resettlement house belongs to a high-rise building, with completely different floor area ratio, building structure and comfort. For example, the resettlement house has no functions such as physical exercise, flower cultivation and parking in the yard of the expropriated house, which will affect the value of the house.
3. It is stipulated in the scheme that the concierge and wing can only make unreasonable compensation according to the appendages.
Houses such as porters and wing houses that have been expropriated, whether they are actually used for living or not, should be treated as houses as long as their height and structure meet the standards of houses. For example, if we buy ordinary commercial housing, the kitchen, bathroom and elevator should be purchased at the unit price of the house. Similarly, porters, wing rooms, toilets and kitchens of expropriated houses should also be treated equally.
After consultation, Zhang San knew the problem and raised it with the expropriation office, but the expropriation office still refused to make any changes, because the plan was formulated by the county government, and everyone implemented such standards, which could not be changed just because of Zhang San, and clearly informed the government that it was strengthening the application materials for demolition and advised Zhang San to sign an agreement as soon as possible, otherwise once it was enforced, it could only be handled according to the house expropriation compensation decision. Zhang San said, if
Zhang San felt very helpless and found Wandian Law Firm again, hoping that when the government applied to the court for compulsory demolition, the lawyer would safeguard the rights and interests on his behalf. The lawyer of Wandian Law Firm told him that he must not wait until the compulsory demolition, because according to the Regulations on Expropriation and Compensation of Houses on State-owned Land and the Provisions of the Supreme People's Court on Several Issues Concerning Handling Cases of Applying for People's Courts to Enforce the Compensation Decision on Houses on State-owned Land, when the government applied to the court for compulsory execution, the expropriated person had lost the right to bring an administrative lawsuit against the compensation decision, and the court would not examine whether the evaluation by the evaluation agency was reasonable or whether the government's compensation plan was flawed. Therefore, even with the help of lawyers, it is difficult to provide relief, and most of them will watch the house being demolished. Once the house is demolished, the expropriated person will lose the weight of negotiation, and it will be much more difficult to solve the compensation problem.
Subsequently, the lawyer informed Zhang San of the 12 steps summarized by Wandian Law Firm to make the decision on house expropriation, as well as the procedures and conditions for making the decision on house expropriation compensation, and checked whether the administrative actions of the county government were in compliance with the regulations one by one. Lawyers and Zhang San found that there were many serious violations in the collection work.
1. The house expropriation and compensation scheme violates the Regulations on House Expropriation and Compensation on State-owned Land.
As mentioned above, the compensation of land use right is ignored, and the stipulated replacement ignores the factors that affect the value of the house, such as floor area ratio, comfort and land grade. There is no basis for the porter's wing to be identified as an accessory.
2. When choosing a house expropriation evaluation institution, the procedure of choosing the expropriated institution through free consultation was not fulfilled, but was directly selected by the government organization.
3. After making the evaluation report, Zhang San was not informed of the right to review the evaluation, and directly made a decision on expropriation and compensation.
4. When the decision of house expropriation was made, the compensation and resettlement plan fulfilled the procedure of soliciting public opinions for 30 days, but the public opinions and the modification of the plan were not publicized, and the plan was not modified at all.
Zhang San accepted the lawyer's advice and decided to file a lawsuit. The lawyer told Zhang San to investigate and collect evidence before prosecution. However, because of the urgency of the situation, the lawyer suggested to file a lawsuit first, so Zhang San sued for revoking the decision on expropriation compensation, and separately sued for revoking the decision on house expropriation. During the interval between the filing of the case and the opening of the court session, the investigation and evidence collection were carried out, and other serious problems in the house expropriation in this county were found. The lawyer submitted a full set of evidence to the people's court three days before the trial.
Before the trial, Wandian lawyers' case handling team applied to the firm for collective study of the court battle plan, and then the lawyers' team collectively studied and sorted out the case. The case handling team summarized all the legal issues involved in the case and agreed on the response plan. With solid preparation and professional level, the trial effect is very good. After the trial, the judge asked Zhang San whether he agreed to coordinate, and the lawyer flatly refused. After leaving the court, Zhang San asked the lawyer, "Why don't you agree to coordination? Can you coordinate and solve it? Anyway, I don't care whether he is illegal or not, as long as he solves the compensation problem. " The lawyer told him not to worry, and the collector's edition had to negotiate with him.
Sure enough, after a while, the tax office found Zhang San again and asked for advice. Zhang San asked his lawyer for advice, and the lawyer advised him to hold his horses. 1. Don't rush to reach an agreement. 2. Don't offer compensation. Don't talk like a lion, and don't advocate unreasonable demands. Zhang San followed the lawyer's advice. After 1 month of negotiations, the court's trial period is about to expire, and the negotiations between the two sides are almost over. Finally, the collection office agreed to Zhang San's reasonable demands. After explaining some unreasonable demands and consulting lawyers, Zhang San also gave in, and the two sides signed a house expropriation compensation agreement, and the case ended successfully.