What are the illegal issues in the demolition evaluation?

With the increasing intensity of urban demolition, the evaluation of urban house demolition has become the focus of public attention. Today, lawyer Wu summed up seven kinds of chaos in the evaluation of enterprise demolition, all of which are problems that business owners often encounter in demolition.

1. How did the evaluation agency come about?

According to the Regulations on the Expropriation and Compensation of Houses on State-owned Land and the Regulations on the Management of Collective Land Demolition, the appraisal institution is selected by the demolished person, and can be selected by lottery, lottery and negotiation. However, when the business owner entered the demolition procedure, there was already an evaluation company involved. Business owners don't know where the evaluation agencies come from. In fact, the demolition party designated a specific evaluation agency before the demolition, which did not comply with the law.

2. Evaluate price consistency

The early compensation policy was actually stipulated and delineated. For example, factories with different heights, different structures, different materials and different construction times have the same price. Especially in the demolition of illegal buildings, this kind of evaluation agency is completely in name only. Because it has long been stipulated that the price does not need to be evaluated at all, the evaluation agency has become a tool in the hands of the demolition party, just filling in a number. The operating profit and loss of the factory building and its ancillary facilities, machinery and equipment, production and closure are different. How can we evaluate the same compensation price?

3. The appraisal report is not signed or sealed.

The owner of the demolished enterprise may only get an appraisal form with XX appraisal company printed on it, without the signature of the appraiser and the seal of the appraisal company. This is an irregular and illegal assessment report, which has no legal effect.

4. The evaluation form represents almost all salaries.

How can the contents of an evaluation form represent all the compensation for demolition? In practice, the evaluation company will tell you to "fill in the missing items at will." Why don't you do statistics in the early assessment? Don't do household measurement? Do not summarize the attachment list?

5. No appraisal company can be found

There is no appraisal company in the actual demolition negotiation, but at a certain stage, for example, when the demolished people don't understand the appraisal, the demolition party may talk to the employees of the appraisal company and the demolished people about how the appraisal is carried out. Generally speaking, the people who are demolished don't know how the evaluation report came from, and they don't see the people who evaluate the company, let alone explain and interpret the source of the evaluation report.

6. Go on a trip and throw away a laundry list

At present, even if the appraisal company measures at home, it is "going through the motions", and it is entirely up to the demolished person to talk to the appraisal company. If the demolished person fails to fully inform the appraisal company of the appraisal matters such as decoration and accessories, it may lose some compensation. As a business owner, there is no specific list, and it may be unclear whether there are ancillary facilities. Looking for an evaluation company is a specific evaluation of the enterprise, including the above-ground and underground appendages, the size, structure and material of the enterprise workshop, and whether the machinery and equipment can be moved.

7. Can't stand the examination and appraisal.

According to the Measures for the Assessment of the Expropriation of Houses on State-owned Land, those who have been demolished have the right to file a review if they disagree with the assessment report, and after the review, they have the right to file an expert committee appraisal. These are the procedural rights enjoyed by those who have been demolished. However, because we can't see the appraisal company and get the official appraisal report, we can't make a review appraisal. That is to say, it deprives the demolished person of the procedural right to refuse to accept the evaluation report.

In practice, in what way does the evaluation company intervene in the evaluation, such as formal expropriation and demolition, environmental improvement, "sports demolition violation" and so on. Different evaluation companies have different roles in the above methods. Formal expropriation and demolition are all signed and sealed assessment reports, and there is basically only one list for environmental remediation, which may not be issued by the assessment company, but only the list listed by the demolition party.

This is the whole content of the chaos summary of demolition evaluation, reminding everyone how to safeguard their rights and interests in the process of expropriation and demolition.