The building tears open change to had become what every town develops to need the road of classics, a lot of buildings that tear open change door to be faced with his will be torn open change or be when the change that be torn open, often be at a loss, can laissez-faire. Plus the legal laws and regulations that tears open change about the building at present not be very perfect, the policy sex of the project that tear open change is too strong, in bringing about the process that tears open change in the building, can appear a lot of illegal phenomena, direct enroach on is torn open the legal interest of change person. In view of the law asked has heard common case last year, sum up what be ignored the most easily at 5 o'clock below to violate the act that tear open change especially, the hope is torn open change door can raise vigilance:
The first, impose the program that tear open change non-standard.
The building tears open change to want to accept a decision through making go on an expedition commonly, release collect announcement, collect compensation to talk things over, collect carry out the flow that waits for level, and there still also is refined move in these flow. National regulation, ask for opinion deadline otherwise under 30 days, the form that paste informs asks not under 5 days. Do not accord with above to impose a program, tear open change door to be able to be informed against to concerned branch, counterpoise in order to defend oneself know the inside story.
The 2nd, did not undertake to the building when tearing open change value is evaluated.
It is the house price according to place comes commonly simple estimation value, perhaps what development business appoints evaluate a company to undertake assessment, evaluate a company to estate, tear open change door to have option, basis " house of state-owned land main rooms is collected with compensation byelaw " the 20th regulation, estate value evaluates an orgnaization to negotiate make choice of by person be expropriationed; Those who do not talk things over, wait for means to decide through most decision, random make choice of. This " byelaw " of the regulation very clear, the process is collected in the building in, it is to collecting a building to undertake assessment estate value evaluates an orgnaization by be collected what the person negotiates make choice of, fall in the case that does not negotiate only, just pass the means such as most decision, random make choice of to decide.
The 3rd, tear open change to just offer way of a kind of compensation only, tear open change door to did not choose to compensate the right of means.
Will tell commonly, no matter be rural collective,the building on state-owned land collects the city, cannot reduce living level of life of former some of person of the change that be torn open, act on this principle, the building tears open the compensation of change to include the following kind commonly: Monetary compensation, property right exchange, curtilage base displacement, besides afore-mentioned is opposite outside building losing compensation, person of the change that be torn open still has the right to ask to transfer accordingly temporarily find a place for cost, remove compensation expenses.
The 4th, put forward to remove to be compensated again first.
Our country, law set clearly the law that after be being compensated first, removes should be carried out to make when asking for the ground to tear open change. In the meantime, should make sure before making a building collect full specified amount reachs the designated position, special fund is special, only door memory, say to be in so ask for the ground to dismantle change aspect, the principle tearing open change that should assure above all must remove after compensation first namely, the standard of living after assuring to tear open change not under before tearing open change. Tear open compensation of a huge sum after change just puts forward to tear open change first no matter, additional even remove award, tear open change door cannot credulous!
The 5th, do not coordinate the work that tear open change, tear open change to just cut off the water supply cut off the power, annoy the daily life that tears open change door even, undertake forcing change.
This is apparent illegal action, basis " house of state-owned land main rooms collects with compensation byelaw " the 27th regulation: Any units and individual must not adopt violent, menace or deregulation interrupts water supply, heat addition, air feed, power supply and road to pass through wait for illegal means to force person be expropriationed to remove. Prohibit building an unit to participate in remove activity. If decisive water cuts off the power,follow tear open change to just be concerned, then you can be reconsidered according to administration, the legal means of proceeding is answered, from cut off the water supply cut off the power this violates right of bit of dimension of to institute proceedings, it is a when strive for a negotiation to counterpoise actively strong basis.
Tearing open change is a long negotiation battle, tear open change door to be in the process that tear open change, should be familiar with the legal technological process that tear open change, have any doubt, ask the public figure of law of the direction that tear open change with administrative professional perhaps unit in time, the help solves doubt, offer corresponding the way to deal with a situation, safeguard oneself to close right increase.
