How to talk to the people in the demolition office to ensure the interests of the relocated households to the maximum extent?

This question is often asked by Baidu, and I have answered it many times. The general idea is to discuss whether the legality of expropriation and demolition and the compensation standard can meet the original production and living standards of the demolished people from the perspective of laws and regulations without lowering them.

First, consultation on demolition (actually consultation) is allowed at the level of laws and regulations.

Legal basis: Article 26 of the State Council Order No.590. If the house expropriation department and the expropriated person fail to reach a compensation agreement within the signing period determined by the expropriation compensation scheme, or the owner of the expropriated house is unclear, the house expropriation department shall report to the people's government at the city or county level that made the decision on house expropriation, make a compensation decision according to the expropriation compensation scheme in accordance with the provisions of this Ordinance, and make an announcement within the scope of house expropriation.

Second, the negotiations are uncertain. Personal suggestions can be prepared from the following aspects.

1. Fully understand relevant laws, regulations and local policies related to relocation.

The nature of the land involved in the demolition is collective land, so the main laws and regulations are based on the Land Management Law and the Regulations for the Implementation of the Land Management Law, which are implemented with reference to the State Council Decree No.590. The nature of the land involved in the demolition is state-owned land, and the main basis is the State Council Decree No.590.

Find out how the laws and regulations stipulate, so as to judge whether your fair, reasonable and legal goals are feasible.

2. Collect the evidence of the other party's illegal demolition behavior and increase the weight of their own negotiations.

The judgment of legal acts should be carried out from two aspects: entity and procedure. For example, if the nature of collective land expropriation and demolition is involved, then according to Article 45 of the Land Management Law.

Article 45 The requisition of the following land shall be approved by the State Council:

(1) Basic farmland;

(2) More than 35 hectares of cultivated land other than basic farmland;

(3) More than 70 hectares of other land.

Expropriation of land beyond the provisions of the preceding paragraph shall be approved by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government and reported to the State Council for the record.

That is, it needs to be approved by the people's government at or above the provincial level. Otherwise, it is illegal demolition. Then, regarding the procedure, whether to perform the announcement procedure can be directly referred to the Measures for the Announcement of Land Requisition.

The expropriation and demolition of houses on state-owned land is directly based on Decree No.590 of the State Council, namely "Regulations on Expropriation and Compensation of Houses on State-owned Land", which is detailed and can be consulted directly.

3. In the negotiation process, there is no fixed situation, no fixed words, which can be euphemistic or direct. These are the legal rights of the parties concerned.

4. Don't negotiate for a long time and miss the prescription of judicial relief.

Article 46 of the Administrative Procedure Law: If a citizen, legal person or other organization brings a lawsuit directly to the people's court, it shall do so within six months from the date when it knows or should know that the administrative act has been taken. Except as otherwise provided by law.

Article 9 of the Administrative Reconsideration Law: If a citizen, a legal person or any other organization thinks that a specific administrative act has infringed upon his lawful rights and interests, he may file an application for administrative reconsideration within 60 days from the date of knowing the specific administrative act; However, unless the application period prescribed by law exceeds 60 days.

5. The above question mentioned "the area of the house and the demolition money". The area of houses and land is the basis for calculating compensation. Undoubtedly, this is the core element of compensation, but there is not much room for direct negotiation. For example, the housing area can generally be determined by evidence, and standards, laws and regulations are also clearly defined. Only through the above ideas can we effectively protect our legitimate interests and maximize them.

Legal basis: Decree No.590 of the State Council.

Seventeenth people's governments at the city and county level that have made the decision on house expropriation shall pay compensation to the expropriated person, including:

(1) Compensation for the value of the expropriated house;

(two) relocation compensation and temporary resettlement caused by the expropriation of houses;

(3) Compensation for losses caused by expropriation of houses.

The people's governments at the city and county levels shall formulate measures for subsidies and incentives, and give subsidies and incentives to the expropriated people.

Nineteenth the compensation for the value of the expropriated house shall not be lower than the market price of the expropriated house similar to real estate on the date of the announcement of the house expropriation decision. The value of the house to be expropriated shall be assessed and determined by a real estate price assessment agency with corresponding qualifications in accordance with the house expropriation assessment method.

Regarding the generation and evaluation methods of evaluation institutions, we can directly refer to the "Measures for the Evaluation of House Expropriation on State-owned Land".