In the case of land acquisition and demolition, there are many parties who know that they are going to carry out land acquisition and demolition in their own area, and in order to get more compensation, they may temporarily rush to build and plant, but when the land acquisition and demolition are actually implemented, the expropriation department recognizes the legality of the rush to build and plant, and many people are not clear.
Lawyer's interpretation
Most of the land acquisition and demolition in the mainland are based on the mainland's "Land Management Implementation Regulations" and "Land Management Law" to make corresponding expropriation decisions, and there are quite a lot of laws, regulations and provisions in the mainland, especially in land acquisition and demolition, due to the intricacies of the departments involved and the major interests of all parties involved, in this case, the demolished people will always try various ways to improve their economic compensation, and there will be a rush to build and plant before the land acquisition and demolition, but whether this behavior is legal and whether it can be compensated, Let's analyze it from the following points:
1. What is rush to build and plant?
In fact, there is no corresponding concept of rush construction and rush planting in the law, mainly because the parties illegally rushed to build houses without approval procedures in order to get more economic compensation after learning about the land acquisition and demolition. Rushing to build a house generally refers to an illegal building that is temporarily erected. Rush to plant generally refers to the idea of increasing economic compensation by farmers in order to get more compensation for seedlings and seeds in order to get more compensation for seedlings and seeds.
2. Is it legal to rush to build and plant?
From a legal point of view, it is illegal to rush to build or plant.
According to Article 16 of the Regulations on the Expropriation and Compensation of Houses on State-owned Land, after the scope of housing expropriation is determined, it is not allowed to carry out acts of improperly increasing compensation costs such as new construction, expansion, renovation of houses and change of use of houses within the scope of housing expropriation; Where provisions are violated, no compensation is to be given.
Secondly, according to Article 9 of the "Guiding Opinions on Improving the Compensation and Resettlement System for Land Acquisition", after the notice of land acquisition, all land-expropriated rural collective economic organizations and farmers will not be compensated for the above-ground attachments and seedlings that are planted, planted and built on the land to be acquired. In addition, according to the relevant provisions of the Criminal Law, if the amount of compensation for land acquisition is relatively large or huge, it can constitute the crime of fraud, and the circumstances are serious, and the sentence is more than 10 years imprisonment.
Therefore, from a legal point of view, rushing to build and rush to plant are illegal, and may even cause serious legal consequences.
3. Can rush construction and planting be compensated?
As we mentioned above, it is illegal to rush to build or plant at the legal level, so do we have to pay less compensation to our friends who have done this? In fact, it is not necessary to not get compensation, whether we can get compensation or not, we will discuss the score.
1. Whether the time of rush construction and rush planting is after the date of the expropriation announcement. Due to the influence of many reasons, there may be that the local government or expropriation department has made an expropriation announcement, but it has not been announced, and we people do not know where to hear the news, knowing that their home may be going to be requisitioned and demolished, and then rushed to build and plant, in this case, because the expropriation announcement was not announced in time, so it does not violate the relevant provisions of the "Regulations on the Expropriation and Compensation of Houses on State-owned Land" and the "Guiding Opinions on Improving the Land Acquisition Compensation and Resettlement System". Therefore, it should be held that the construction and planting activities carried out before the announcement of the expropriation were lawful. You will be able to get the corresponding compensation.
2. Whether property damage was caused when removing or demolishing the rush to build or plant. According to Article 83 of the Land Management Law, if a new building or other facility built on illegally occupied land is ordered to be demolished within a time limit in accordance with the provisions of this Law, the construction unit or individual must immediately stop the construction and demolish it on its own; If the construction continues, the organ that made the penalty decision has the right to stop it. If the construction unit or individual is dissatisfied with the administrative penalty decision ordering demolition within a set period of time, it may file a lawsuit with the people's court within 15 days of receiving the decision to order demolition within a set period of time; Where they do not prosecute and do not dismantle it on their own at the end of the time limit, the organ that made the penalty decision shall apply to the people's court for compulsory enforcement in accordance with law, and the costs shall be borne by the offender.
To sum up, we can see that there are considerable risks in the act of rushing to build and plant, and to a large extent, it will be recognized as an illegal act, so everyone must think calmly and do not act impulsively when encountering land acquisition and demolition. However, there will also be cases where it is not a rush to build or plant but is forcibly identified by the relevant departments as a rush to build or plant, and it is not uncommon for us to encounter this situation, and we can also carry out administrative reconsideration and administrative litigation to protect our legitimate rights and interests.
Director Shi reminded
Demolition and relocation is a long-term struggle that requires comprehensive professional knowledge, control of the overall situation, and rational application of the law. Even a lawyer with many years of litigation experience is constantly learning and updating, so that he can calmly analyze and make correct judgments in a case. And for non-law-abiding people, this is a huge subject that cannot be achieved by just a short period of time. Therefore, when encountering any demolition problems, you may wish to ask a lawyer and carry out professional rights protection under the guidance of a lawyer.