At the same time, Yin, a lawyer of Handan Shili Law Firm, the plaintiff's entrusted agent, said: This lawsuit reflects the improvement of villagers' legal quality now, and it is not out of reach for ordinary people to sue officials; Local city and county governments should also enhance the awareness and concept of administration according to law.
Challenge unfamiliar situations and be a pioneer.
Speaking of Li Yuan and other eight people being sued, the Ministry of Construction is not unaware of it. Liu Zhihai, Vice Minister of the Ministry of Construction, clearly pointed out at the National Urban Housing Demolition Work Conference: Some governments do not publish data according to law, which leads to the deviation of compensation and resettlement from the market price.
Such problems generally exist in the demolition of Handan City and Handan County. The response of the appraisal agency to the plaintiff in this case: It can only be based on Document No.3 (2003); The government has not released new data. Even next year, the old standards are still applicable, and we are helpless.
Lawyer Yin analyzed that most of the assessment agencies were entrusted by the demolition party and did not disclose the current data, which also promoted their own business development. The demolition party was also willing to find an assessment agency for assessment. In addition, if the data are not published, the pace of urban reconstruction can be unilaterally accelerated. The above may be the reason why this strange situation exists, but it has been delayed for a long time.
Article 13 of the Guiding Opinions on Urban Housing Demolition and Valuation clearly stipulates: "The municipal or county people's governments or their authorized departments shall regularly announce the real estate market prices of various houses in different regions, different uses and different building structures at least once a year according to the local real estate market transaction prices."
The market price announced by the municipal and county people's governments is an important reference for the demolition evaluation. Article 14 of this guidance stipulates: "The demolition valuation shall refer to the market transaction price of similar real estate and the real estate market price regularly published by the municipal or county people's government or its authorized department, and be carried out in combination with the real estate situation of the house to be demolished." Therefore, these demolished people are willing to be pioneers and bring an administrative lawsuit to solve such a strange pattern that I am currently facing as a demolished person, and really evaluate it according to the market price.
House prices are not what they used to be, and the evaluation deviates from justice.
In 2003, the real estate market in the area where Lindong was demolished today is very different from the past.
According to Li Yuean, in 2003, the house price in the east was at most in the middle of the house price. It is no exaggeration to say that housing prices in the east have made people tremble. This lot can be said to be a prime location for commercial housing development. The house sold by the sales department of the innovative Sunshine City, which is developed on the same plot where the demolition person is located, has a price of 3,400 yuan to 3,900 yuan per square meter, even reaching 4,000 yuan. In this case, it is obviously not established to compensate the relocated people according to the lowest grade "Class III Lot" in Document No.3 (2003) with Dingge 1000 yuan/square meter as the benchmark price. We can't let the demolished people pay the bill because of the inaction of the city and county governments.
On April 26, 2007, Handan County Court filed a case against Hangchu Zinuo in Handan County. 1 1. In addition, the plaintiff sued the defendant, Handan County People's Government, for illegally handling the demolition permit procedures, and the defendant failed to perform the demolition planning and annual plan examination and approval filing system, and took the administrative procedure lawNo. 1002 of 2007 1 February 15 as an example. 13 and no are 12 respectively.
On April 28th, the plaintiff added Handan Municipal People's Government as the defendant.
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