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What are the conditions for compulsory expropriation and demolition

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What are the conditions for compulsory expropriation and demolition


        

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  • 2024-06-05 00:00:47

    Forced demolition shall meet the following conditions:

    1. If no administrative reconsideration is applied for or no administrative lawsuit is filed within the statutory time limit, and the expropriated person applies for administrative reconsideration or files an administrative lawsuit within the statutory time limit, the first legal consequence is that the people's government of the city or county that made the decision on housing expropriation cannot apply to the court for compulsory demolition; Second, the people's court cannot enforce.

    2. Compulsory demolition is based on the compensation decision; If there is no compensation decision, no unit can take compulsory demolition.

    3. The expropriated person must be given monetary compensation, property right exchange houses and revolving houses.

    If no monetary compensation amount, special account storage account, property right exchange house, location and area of turnover house and other materials are provided, forced demolition cannot be carried out.

    [Legal Basis]

    According to Article 28 of the Regulations on the Acquisition and Compensation of Houses on State owned Land, if the expropriated person does not apply for administrative reconsideration or bring an administrative lawsuit within the statutory time limit, and does not move within the time limit specified in the compensation decision, the municipal or county people's government that made the decision on the acquisition of houses shall apply to the people's court for compulsory execution according to law.

    The application for compulsory execution shall be accompanied by the amount of compensation, the account number of the special account, the location and area of the property right exchange house and the revolving house.

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