Joke Collection Website - Bulletin headlines - Will the pig farm 300 meters away from the village be demolished?

Will the pig farm 300 meters away from the village be demolished?

There are procedures for farms, and those that meet the requirements will not be demolished.

Forced demolition must meet the following four statutory conditions:

1, if the expropriated person fails to apply for administrative reconsideration or bring an administrative lawsuit within the statutory time limit, the expropriated person shall apply for administrative reconsideration or bring an administrative lawsuit within the statutory time limit. The legal consequence is that the people's government of the city or county that made the decision on house expropriation cannot apply to the court for compulsory demolition; Second, the people's court cannot enforce it. In practice, some people's governments of cities and counties illegally apply to the court for compulsory execution, but the court cannot enter the compulsory execution procedure and carry out compulsory demolition according to law;

2. Compulsory demolition is based on the compensation decision. If there is no compensation decision, no unit can take compulsory demolition. In practice, there are two main situations that can be forced to move: one is to sign a compensation agreement and not move; Second, it has made a compensation decision, neither moving nor applying for administrative reconsideration or bringing a lawsuit in accordance with regulations;

3. The expropriated person must give monetary compensation, property rights exchange room and turnover room, and the amount of monetary compensation and the account number stored in the special account, the location and area of the property rights exchange room and turnover room shall not be forcibly removed;

In any of the following circumstances, the people's court shall rule that it shall not be executed:

1, which obviously lacks factual basis;

2. The obvious lack of laws and regulations;

3, obviously does not conform to the principle of fair compensation, seriously damage the legitimate rights and interests of the person subjected to execution, or make the basic living, production and operation conditions of the person subjected to execution can not be guaranteed;

4. Obviously violating the administrative purpose and seriously damaging the public interest;

5. Serious violation of legal procedures or due process;

6, beyond the authority;

7 other circumstances that are not suitable for enforcement as stipulated by laws, regulations and rules.

To sum up, no unit or individual may force the expropriated person to move by violence, threat or interruption of water supply, heat supply, gas supply, power supply, road traffic and other illegal means. Construction units are prohibited from participating in relocation activities.

legal ground

Article 66 of People's Republic of China (PRC) Urban and Rural Planning Law

If a construction unit or individual commits one of the following acts, the competent department of urban and rural planning of the local city or county people's government shall order it to be dismantled within a time limit, and may impose a fine of less than twice the cost of the temporary construction project:

Temporary construction without approval;

(two) temporary construction is not carried out in accordance with the approved content;

(three) temporary buildings and structures are not removed within the approved period.