Can illegal pigsty be dismantled in rural areas?

Illegal buildings in rural areas refer to all kinds of buildings built on agricultural land or rural construction land without obtaining rural construction planning permit or construction project planning permit according to law.

The illegal construction of pig farms in rural areas shall be announced by the local administrative department, and the parties concerned shall be ordered to dismantle them themselves.

If the party concerned does not apply for administrative reconsideration or bring an administrative lawsuit within the statutory time limit and does not dismantle it, the administrative organ may forcibly dismantle it according to law.

The process of forced demolition is:

1. The demolisher applies to the house demolition management department;

2, the housing demolition management department signed an opinion submitted to the Legislative Affairs Office of the municipal government to make a decision on the demolition within a time limit;

3. Delivery decision;

4, the demolition to the notary office for evidence preservation;

5. Hold a joint meeting to formulate implementation measures, and do a good job in persuading the demolished people for the last time.

Compulsory demolition must meet the following conditions

1, do not apply for administrative reconsideration or bring an administrative lawsuit within the statutory time limit.

If the expropriated person applies for administrative reconsideration or brings 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 in cities and counties illegally applied to the court for compulsory execution, but the court could not enter the compulsory execution procedure and carry out compulsory demolition according to law.

2. Compulsory demolition is based on 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 without moving; Second, after making the compensation decision, neither moving nor applying for administrative reconsideration or bringing a lawsuit as required.

3. The expropriated person must give monetary compensation, property rights exchange houses and revolving houses.

The amount of monetary compensation, the account number stored in the special account, the location and area of the property exchange house and the turnover house shall not be forcibly removed.

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

(1) obviously lacks factual basis.

(2) There is an obvious lack of legal and regulatory basis.

(3) It obviously does not conform to the principle of fair compensation, seriously damages the lawful rights and interests of the person subjected to execution, or makes the basic living, production and business conditions of the person subjected to execution insecure.

(four) obviously contrary to administrative purposes, seriously damaging the public interest.

(5) Serious violation of legal procedures or due process.

[6] Exceed authority.

(seven) other circumstances stipulated by laws, regulations and rules that are not suitable for compulsory execution.

I hope the above content can help you. If in doubt, please consult a professional lawyer.

Legal basis:

Article 44 of the Administrative Enforcement Law

If illegal buildings, structures and facilities need to be demolished by force, the administrative organ shall make an announcement and order the parties to dismantle them themselves within a time limit.

If the party concerned does not apply for administrative reconsideration or bring an administrative lawsuit within the statutory time limit and does not dismantle it by itself, the administrative organ may forcibly dismantle it according to law.