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Rural houses were forcibly demolished and only paid 500000 yuan. They sued the court for a compensation of 15.9 million yuan

北京金律师 2022-01-26

Hello, I'm lawyer Kim. Recently, some friends asked me backstage that if I want to know about the forced demolition of rural houses, I should

According to what time point

Let's take a case as an example: the house in Mr. Zhou's hometown was included in the scope of expropriation in 2010, and no resettlement compensation agreement was reached with the demolition party. The house was forcibly demolished in 2012, and compensation for the house should be made in 2018. So should it be the house price at the time of house demolition in 2010, the house price at the time of forced demolition in 2012, or the house price at the time of compensation in 2018? There is no doubt that for the relocated people,

According to the house price at the time of compensation

农村房子被强拆只赔50万,起诉到法院要求判赔1590万

In the above case, the demolition party forcibly demolished the buildings involved in the case in 2012 without reaching a resettlement compensation agreement with Mr. Zhou. In April 2016, the first instance judgment of Huzhou intermediate people's court awarded compensation of

500000 yuan

The compensation was 15.9 million yuan, up 30 times

农村房子被强拆只赔50万,起诉到法院要求判赔1590万

The Supreme People's court held that the case was

Illegal forced demolition of houses on collective land

In other words, if there is no illegal demolition by the administrative committee of Huzhou Economic Development Zone, Mr. Zhou must be able to obtain corresponding compensation through the demolition and resettlement compensation procedure, not just the replacement price of the demolished house.

In terms of the way of compensation, in the judgment of the Supreme People's court, from the perspective of ensuring the enjoyment of legitimate rights and interests,

The demolishing party has the obligation to provide property resettlement houses or pay compensation for demolition and resettlement

农村房子被强拆只赔50万,起诉到法院要求判赔1590万

In addition, in reality, it will take some time to obtain compensation after the house is forcibly demolished and legal proceedings are filed.

There are several months, one or two years, and even longer. At the same time, with the rise of prices, especially house prices, it is not impossible to increase by 50% and double.

OK, that's all about the compensation standard for illegal and compulsory rural houses. If you have anything to say, you can leave a message in the comment area for discussion. If you have other demolition problems, you can also pass

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