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How to apply for compensation for property loss caused by forced demolition

Time: 2024.06.27 label: Land acquisition and demolition Rights protection skills Reading: 1183 people

Lawyer's analysis:

1. Claim for compensation.
If the victim wishes to obtain compensation, he/she must first report to the party responsible for the dispute settlement (i.e tort liability Person) to make a formal application;
At the same time, they can also apply for administrative reconsideration or prepare to file an administrative review litigation At the same time, relevant requests shall be submitted.
2. Judgment of the unit liable for compensation.
The party liable for compensation shall, upon receipt of declaration The decision on whether to implement the compensation action shall be made within two months from the date of the decision. If the decision on compensation is made, a detailed final compensation report shall be submitted, and it shall be officially delivered to the claimant within ten days from the date of the decision.
If the party liable for compensation determines that no compensation is necessary, the party liable for compensation shall notify the claimant in writing within ten days after making the decision, and the reasons for refusing compensation shall be explained clearly one by one.
3. Sublimate administrative litigation.
If the unit responsible for compensation fails to complete the decision of compensation within the specified time limit, the victim can file a lawsuit to the local judicial court within three months from the date of expiration of the time limit;
However, if the claimant for compensation has doubts about the decision already made, he has the same right to apply to the judicial court within three months from the next day when the authority protection agency makes a decision on compensation or refuses to pay compensation appeal 。
4. Administrative reconsideration and judicial procedures.
Follow Reference《 administrative review law 》And《 Administrative Procedure Law 》Relevant procedures specified in the document shall be implemented.

Legal basis:

Regulations on the Acquisition and Compensation of Houses on State owned Land
Article 17 The compensation given by the people's government of the city or county level that has made the decision on the expropriation of houses to the expropriated person shall include:
（1） Compensation for the value of the house expropriated;
（2） Compensation for relocation and temporary resettlement caused by house expropriation;
（3） Compensation for the loss of production and business suspension caused by the expropriation of houses.
The people's governments at the municipal and county levels shall formulate measures for subsidies and rewards, and give subsidies and rewards to the people who are expropriated.

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