Lanzhou, Gansu: Farms expropriated, did not get compensation was forced demolition?Court: Forced demolition is illegal
China’s relevant laws and regulations do not have clear provisions on the compensation for the demolition of livestock farms. When carrying out the demolition of livestock farms in various places, many expropriating departments will reduce the compensation for livestock farms through various means and reasons to save the demolition cost.But a lot of times, the farms have not been compensated when the demolition, they have suffered forced demolition.At this point, how to protect their rights?Zhang is XX town XX village, XX county, Lanzhou City, Gansu Province. He invested in building a breeding farm to breed carrier pigeons.At the end of November 2017, the town government forced the demolition of its breeding farm and house without signing a compensation agreement with Zhang on the relocation, resulting in the loss of pigeons raised in the competition, the construction of the color steel house, fruit trees planted in the yard, precious flowers and other destruction.Zhang immediately found a lawyer for help.The lawyer analyzed the town government in many negotiations with Zhang mou compensation matters failed, did not compensate zhang mou, also without legal procedures, on the direct implementation of forced demolition, obviously illegal, the town government should be forced demolition behavior caused by zhang mou loss compensation.Therefore, Zhang mou in the help of lawyers to the town government as the defendant filed an administrative lawsuit, asking to confirm that forced demolition is illegal.The defendant’s opinion The town government held that according to the relocation and resettlement implementation plan issued by the county government and the Content of the Notice of Compulsory Demolition, the town government was only the publisher of the notice, not the subject of demolition.The plaintiff did not put forward preliminary reconsideration or administrative lawsuit after knowing the house was demolished in November 2017. Now the plaintiff’s lawsuit has exceeded the statute of limitations.The first-instance court held that the town government, as the project expropriation implementation unit, had repeatedly negotiated with the plaintiff on the issue of expropriation and settlement without success.At the end of October 2017, the town government issued a Compulsory demolition Decision to the plaintiff, requiring the plaintiff to move out within a time limit.Although the defendant denies its farms and houses to the plaintiff compulsory removal, but on the day of the township government staff in the forced to plaintiffs do ideological mobilization work, negotiate compensation and resettlement, on the same day they had already done to the plaintiff houses and loft to determine work, in the township government fails to provide evidence that housing is its unwittingly by other main body under the condition of forced demolition,In this case, it can be presumed that the forcible demolition was carried out by the town government of the unit implementing the expropriation project.House expropriation and compensation shall follow the principle of proper procedure and be carried out according to law.It is illegal for the town government to carry out forced demolition directly without following legal procedures.The court confirmed that the eviction was illegal.The town appealed.The court of second instance believed that the town government and Zhang mou did not reach an agreement on the relocation compensation under the circumstances of the demolition of the housing involved, obviously illegal.Even if both sides signed a settlement compensation agreement, Zhang mou received the compensation in full, its refusal to hand over the land, should also be ordered by the relevant land administrative departments to hand over the deadline, and apply for compulsory execution of the people’s court.The forced demolition of the houses involved by the town government violated article 45 of the Regulations on the Implementation of the Land Administration Law of the People’s Republic of China, and the demolition of the houses involved was illegal. The court of second instance upheld the judgment of first instance.In the process of demolition and removal, many demolition departments will carry out illegal forced demolition in order to speed up the progress, which will certainly cause more or less property loss of the displaced households. Therefore, it is necessary to timely start the relief procedure to protect rights.Lawyer Blue Qin reminds you, if you are a farm operator, encounter forced demolition, must timely alarm, and the forced demolition process photo and video, save the evidence, for the later rights claim compensation to be fully prepared.