Collective land and above-ground houses:
1. Right to know in advance: the State Council's "Decision on Deepening Reform and Strict Land Management" stipulates that before the land acquisition is submitted for approval according to law, the land-expropriated farmers should be informed of the purpose, location, compensation standards and resettlement methods of the land acquisition;
2. Right to know the result of examination and approval: the expropriation of collective land must be approved by the people's government of the State Council or the provincial level. Within 10 days after the land requisition approval document is issued, the administrative organ shall announce the approval result to the landless farmers;
3. Right to know about land compensation: The land administrative departments of the people's governments at the city and county levels shall, after drawing up the compensation and resettlement plan for land acquisition, make an announcement in the collective economic organization together with relevant departments and solicit villagers' opinions.
Second, the right to hearing.
Collective land and above-ground houses: before the land acquisition plan is submitted for approval and after the land acquisition announcement is made public, the demolished person has the right to hear.
Houses on state-owned land: As can be seen from Decree No.590, if most of the expropriated people think that the expropriation compensation scheme does not conform to the provisions of these regulations, the expropriated people shall organize a hearing and modify the scheme according to the hearing.
In practice, many residents know that they have the right to a hearing, but they don't know how to exercise this right. Some people think that even if a hearing is held, it is a unified statement of the administrative organ and the village Committee. It's just a formality. They all ignore it and give up.
Third, the evaluation of institutional choice.
Collective land and above-ground houses: evaluation is not a necessary procedure.
Houses on state-owned land: According to Decree No.590, the appraisal institution shall be selected by the expropriated person and the expropriated person through consultation; If negotiation fails, it shall be determined by majority decision and random selection, and the specific measures shall be formulated by provinces, autonomous regions and municipalities directly under the Central Government.
In practice, in many places, the assessment agencies may be directly designated by the collectors privately, and the consequence is that the compensation for assessment is very different from that estimated by the collectors themselves. Therefore, the expropriated person must take the initiative to exercise the right to choose the evaluation institution.
However, if the house is evaluated in ignorance and the evaluation result is low, the expropriated person has the right to object to the evaluation result. You can apply to the real estate price assessment agency for review and assessment. If there are still objections to the review results, you can further apply to the real estate price evaluation expert Committee for appraisal.
Four, the applicant's right to personal and property safety protection
According to the provisions of Article 21 of the People's Police Law of the People's Republic of China, the people's police shall immediately rescue citizens whose personal and property safety has been violated or who are in other dangerous situations; Help should be given to citizens who ask for the settlement of disputes; Police cases against citizens should be investigated and handled in time.
In our daily consultation, we often hear that the relocated households are forced to sign, which has a great impact on the personal and property safety and psychology of the relocated households. Therefore, whether it is the house expropriation on state-owned land or the house demolition on collective land, in case of the above situation, the demolished person can apply to the public security organ for personal and property safety protection according to law.
Verb (abbreviation of verb) the right to apply for administrative reconsideration and bring an administrative lawsuit.
Collective land and houses on the ground: In the process of demolition of houses on collective land, the actions that the demolished person can reconsider and bring a lawsuit include: the decision to hand over the land, the decision to dismantle within a time limit and other administrative actions that affect the actual rights and obligations of the demolished person.
If there is litigation demand in the demolition case, you can find Beijing Guanling Law Firm, which is a partnership law firm approved by Beijing Xicheng District Judicial Bureau. The golden partner of CCTV 12 "the lawyer is coming" column was founded by Zhou heren. Since its establishment, Beijing Guanling Housing Demolition Lawyers Team has been focusing on housing demolition, land requisition, environmental protection and other fields. GUANLING Law Firm follows the people-oriented service concept and is customer-oriented, providing clients with all-round and comprehensive legal services.