ইংটিং খবর

Among the demolition cases handled by lawyer Liu Yun was a case in which the demolished people were dissatisfied with the county people's government's house expropriation compensation decision and took the county government to court.

Zhang's family belongs to an urban village in the county seat and has its own homestead and legal residence. At the beginning of 2019, the county people's government needed to expropriate the area and issued an expropriation compensation decision to Zhang and the villagers in the village. The decision stated that if Zhang If monetary compensation is selected, the compensation amount will be more than 800,000 yuan (decoration losses and indoor facilities, attachments, open space courtyards, relocation, temporary resettlement fees, etc.; will be assessed separately); if the demolished person chooses property rights exchange, it will be calculated according to another expropriation, compensation and resettlement plan.

পুনর্বাসন ও ক্ষতিপূরণের বিষয়ে বারবার যোগাযোগের পরও কোনো ঐকমত্য হয়নি। The county people's government issued a decision on expropriation and compensation, unilaterally determining the amount of compensation for Zhang and other houses. Zhang believed that the compensation decision was illegal and wrong, lacked trial basis and legal basis, the procedure was illegal, and the content of the compensation decision violated the statutory principle of fair compensation and did not comply with the relevant provisions of State Council No. 590, and should be revoked in accordance with the law. After retaining lawyer Liu Yun, he filed a lawsuit in accordance with the law and requested to revoke the expropriation and compensation decision.

Illegal circumstances of the county government’s expropriation decision:

1. The evaluation price of the expropriation and resettlement compensation plan was based on the housing compensation price in 2014, and did not take into account the surge in housing prices. The compensation price was obviously seriously low, seriously damaging the legitimate rights and interests of the expropriated people;

2. The expropriation and compensation plan for houses on state-owned land renovated in county shantytowns shows that the compensation plan takes into account factors such as the location, lot, use, area and other factors of the expropriated houses, but the expropriation compensation plan for Zhang and others does not differentiate between the lot and location, which damages the interests of the expropriated persons;

3. The recording of the call with the person in charge of the appraisal company showed that the county people’s government did not entrust the real estate company to evaluate and measure the houses of Zhang and other demolished persons.

4. The Supreme People's Court's answer on whether vacant land and courtyards should be compensated for the expropriation of houses on state-owned land also clearly stated that compensation should be provided, but the county people's government deliberately avoided compensation to achieve the purpose of expropriating at a low price;

5. The evidence shows that the urban village compensation plan determines a replacement ratio of 1:1.4, but the replacement ratio given to Zhang and other demolished persons is only 1:1, which obviously does not comply with the principle of fair compensation and infringes upon the legitimate compensation rights and interests of the demolished persons;

The evidence shows that the county people's government's expropriation and compensation administrative actions against Zhang and others are illegal.

বিচার

In the end, the court supported the opinions of lawyer Liu Yun and the expropriated persons, and ruled that the expropriation and compensation decision made by the county government was illegal. The verdict was as follows:

1. Cancel the expropriation and compensation decision made by the county government;

2. Order the county government to make a new decision on house expropriation within 90 days from the date the judgment takes effect.

It can be seen from this case that when the expropriation compensation is significantly lower than the market price of similar surrounding real estate, and the vacant land and courtyards are not compensated, you must be more vigilant. It is very likely that there is illegality in the evaluation, compensation, or other aspects. In order to protect your legitimate rights and interests, please make an appointment with the Yingting Lawyers Group for consultation as soon as possible.