What are the common hidden illegal demolition behaviors in land acquisition and demolition?

1. Breakdown in the negotiation of compensation agreement: In all demolition activities, the principle of "compensation first and then demolition" should be implemented, that is, the demolished should agree to the compensation clauses such as the house, compensation amount and temporary resettlement in the compensation agreement, and move out after signing it, and the act of demolition first and then compensation is illegal demolition activities.

2. Violent demolition and soft-violent demolition: Due to the unsuccessful negotiation on compensation for demolition, the demolition party may take a series of soft-violent acts such as threats of violence and power failure, which is illegal. Compensation or sentencing shall be given according to the seriousness of the case.

3. Demolition by street offices, township governments or developers: Due to the promulgation of the Regulations on Expropriation and Compensation of Houses on State-owned Land, "administrative demolitions have been cancelled", and demolitions directly carried out by streets, towns, districts or municipal governments and their competent bureaus, offices or developers are illegal demolition.

4. Demolition with uneven certificates: Demolition must have corresponding approval documents, such as construction land planning permit, construction project approval document, state-owned land use right approval document, demolition plan and demolition scheme, as well as basic information of houses with property rights exchange, temporary transition mode and transition period, deposit certificate of demolition compensation and resettlement funds issued by local banks, houses, temples, churches, cultural relics and military facilities legally entrusted by the government during the demolition period, etc. Due to the consideration of the progress of the project, some demolition parties will generally carry out the demolition work in advance before the approval of the documents. This kind of demolition behavior is generally illegal, so compensation or corresponding punishment should be given according to the situation.

5. No compensation for "illegal construction": In the process of demolition, due to historical issues, government investment and other objective reasons, many houses in rural areas and villages in the city have not been dealt with in time, which is usually considered as illegal buildings, and there is no compensation for the demolition of illegal buildings, which greatly affects the interests of the demolished people. In this case, the expropriated person can ask a lawyer to help you fight for benefits.

What are the basic principles of demolition compensation?

1. principle of compensation before relocation: according to the regulations on expropriation and compensation of houses on state-owned land, "compensation before relocation." Therefore, it is illegal to say that compensation should be made after relocation. Its purpose is often to demolish ordinary people's houses, speed up the demolition process, or put ordinary people in an unfavorable negotiating position, take full initiative, and then put pressure on them to reduce compensation.

2. The principle that the compensation shall not be lower than the market price of similar real estate around: According to Article 19 of the Regulations on Expropriation and Compensation of Houses on State-owned Land, "the compensation for the value of expropriated houses shall not be lower than the market price of similar real estate on the day when the decision on house expropriation is announced." Therefore, if the average compensation price of your house is lower than the price of similar houses around, it is definitely unreasonable and illegal. If this happens, you should defend your rights in time.

3. Principle of prohibiting forced relocation: According to the Regulations on Expropriation and Compensation of Houses on State-owned Land, "No unit or individual may force the expropriated person to move by violence, threat or illegal means such as interrupting water supply, heat supply, gas supply, power supply and road traffic. It is forbidden for construction units to participate in relocation activities. " Therefore, not only forced demolition is illegal, but also soft violence such as violence and water and electricity cuts forces the parties to move and bear legal responsibility.

4. The principle that relocated households can freely choose compensation methods: According to the Regulations on Expropriation and Compensation of Houses on State-owned Land, "the expropriated person can choose monetary compensation or property rights exchange." At the same time, in practice, if the value of the house of the relocated households is relatively large, the relocated households can also choose to take both the demolition funds and the resettlement houses. It is illegal for the local government to force the relocated households to take money or houses regardless of their opinions during the demolition period. You can file an administrative lawsuit as soon as possible to safeguard your legitimate rights and interests.