The court ruled that the payment of compensation for expropriation into the bank card of the expropriated person does not mean that it can be forcibly demolished
We all know that in the process of expropriation, there is the principle of "first compensation and then relocation", and the so-called "first compensation" is to implement the compensation responsibility, which is specifically to pay compensation, transition fees or transitional housing. So is it not possible to carry out forced demolition as long as the compensation payment is paid to the account of the expropriated person? Mr. Shen analyzed it to friends today through a case!
Mr. Liu applied for a forest right certificate from the county forestry bureau in 2012, and in 2018, Mr. Liu's forest land was expropriated by the government for coal mining. However, the expropriation department did not reach an expropriation compensation agreement with Mr. Liu, but served a notice to Mr. Liu after the pre-expropriation announcement was issued, the main content of the notice is: the expropriation compensation and the compensation for the attachments on the ground have been entered into your Huinong card with the tail number ****, please cooperate with the relevant work of the expropriation department. Subsequently, Mr. Liu's woodland was excavated. Mr. Liu applied for administrative reconsideration, and the reconsideration authority replied that the act was only pre-expropriation and would not directly affect Mr. Liu's rights and obligations.
Liu Xian was also dissatisfied with the reconsideration decision, so he filed a lawsuit with the people's court, requesting confirmation that the excavation behavior of the expropriation department was illegal and that the reconsideration decision was illegal. The expropriation department claims that the relevant compensation has been issued to the expropriated person's bank card, and the forest land has been nationalized by the expropriation department, and how to dispose of it is the right of the expropriation department.
After trial, the people's court held that Mr. Liu had not signed an expropriation compensation agreement with the expropriation department, and even if the expropriation department transferred the compensation for land requisition and the green shoots fee to Mr. Liu's bank card, it did not mean that Mr. Liu recognized the expropriation department's behavior. In addition, even if the expropriated person refuses to hand over the land after compensation, the expropriation department should apply to the court for compulsory enforcement, and the expropriation department in this case violated the statutory procedures, so the administrative compulsory act should be confirmed to be illegal. In the end, the people's court upheld the plaintiff's claim.
The above is a brief introduction to the problem of forcibly demolishing the expropriated person by punching the expropriation compensation into the expropriated person's bank card, hoping to help friends in need! If you encounter illegal demolitions such as in the case, you can take up legal weapons to protect your legitimate rights and interests!