Jiangxi won the lawsuit: adhere to the right to take compensation, reveal the old routine demolition
In the demolition of the time, housing compensation and commercial housing compensation amount gap will be relatively large, and demolition will often be a variety of reasons to lower the compensation of the expropriated, the commercial housing according to the residential compensation is one of the routines.Today, Lawyer Shi Xining, director of Beijing Jingkang Law firm and co-director of northwest University of Political Science and Law’s Real right and land System Institute, explained a case for you to insist on rights protection, you can take back tens of millions of compensation!In December 2019, the Housing and Urban-rural Development Bureau of a city in Jiangxi Province issued a “House Demolition Permit” to the land reserve center of an urban area in a city. The houses of Mr. Liang and others in an urban area are located within the demolition range.Although the property is registered as a residence, Mr. Liang and others have been engaged in catering business in the house and have obtained a business license. They have been engaged in catering business from March 2010 until the time of the move.Subsequently, Mr. Liang and others negotiated with the land reserve center on the relocation compensation and settlement scheme, but failed to reach an agreement on the relocation compensation and settlement.Mr. Liang and others failed to negotiate with the Land Reserve Center for many times. Subsequently, the demolition personnel submitted the Application for Administrative Ruling to the URBAN Housing Bureau in July 2020. At the end of July, the Urban Housing Bureau made the Administrative Ruling on House Demolition.The ruling requires the demolishaves to move out of the houses within 30 days from the date when the ruling is delivered, and the houses are handed over to the demolishers for demolition, and the compensation issue is determined.Liang and others refused to accept the ruling and decided to seek the help of professional lawyers.Then they found a Beijing professional land expropriation lawyer Shi lawyer.After understanding the situation of Mr. Liang and others, Lawyer Shi launched an investigation of the case while making a plan for safeguarding rights, paving the way for the parties to obtain reasonable compensation.In the end, the Municipal Middle Court accepted lawyer Shi’s argument that the administrative Decision of House Demolition and removal made by THE URBAN Housing Authority did not consider the commercial factors of the house, and only compensated in accordance with the housing standard consistent with that of other demolished persons. The compensation standard lacked rationality and should be revoked.1. Annulling the administrative judgment of the court of first instance;2. To revoke the Administrative Decision on House Demolition and Removal made by the Appellee of a municipal Administration of Housing and Urban and Rural Construction, the appellee shall take a specific administrative act again within the statutory time limit.Shortly after getting the verdict, under the guidance and help of Lawyer Shi, the land reserve center of an urban area reached an agreement with Mr. Liang on compensation and resettlement, and Mr. Liang finally got 9 million yuan of compensation. It can be said that through twists and turns, he finally got what he wanted.According to law analysis of The General Office of the State Council “Urgent Notice on Earnestly Doing urban Housing Demolition work to Maintain social stability” (State Office of Invention (2003) 42) article 4:”Local governments can give appropriate compensation to houses whose property rights are residential buildings but which have obtained business licenses according to law according to their operating conditions, operating years and paying taxes.”The above notice is the document issued by The State Council to regulate the demolition and removal of urban houses, which should have guiding significance in the demolition and removal work.In this case, Ms. Du and other people’s houses for business, should be assessed in accordance with the commercial housing.But the appraisal agency carries on the appraisal according to the residential house is not the market price, its appraisal price is far lower than the market price.Violated the “urban housing demolition evaluation guidance” article 3: “housing demolition evaluation price is the real estate market price of the housing demolition.”The provisions of the.In this case, Mr Liang et al., submitted to the business license of individual industrial and commercial households, the catering service license, tax registration certificate and other information that is to be demolished houses before the demolition decision to make property rights although registered for residence, but Mr Liang and others has been conducted of the diet management, also has obtained the business license.According to afore-mentioned “notice” regulation, to the compensation of this kind of building, can give appropriate compensation according to the actual situation such as its operating condition, operating fixed number and pay taxes.Lawyer shi reminds demolition is a long-term struggle, need comprehensive professional knowledge, need to control the overall situation, need to the reasonable use of laws.Even a lawyer with many years of litigation experience is constantly learning and updating to calmly analyze and make correct judgments in a case.For those who study illegally, this is a huge task, which cannot be achieved only by a short period of remedial work.So in the face of any demolition problems might as well ask the lawyer, the lawyer’s guidance down professional rights protection.