Several problems about demolition.

After 65438+1 October1,before the implementation of the property law, the the State Council 200 1 demolition law was invalidated.

However, the property law is basically an empty shelf for demolition, and there is no specific explanation. However, the biggest benefit of the implementation of the property law is to invalidate the demolition law of 200 1. Now the new demolition law has not yet come down, and it will take about half a year at the earliest. Now it basically belongs to the legal vacuum period of demolition. Many details need to be perfected step by step.

In accordance with legal procedures, developers must first apply to the District Housing Authority for mediation. The District Housing Authority must send someone to your home to verify that the mediation of living conditions is unsuccessful, and then issue you an administrative ruling from the District Housing Authority. Within three months after receiving the administrative ruling, that is, within 90 days, you can apply to the District Court to cancel the District Housing Authority. You must list several reasons for applying. First, 1. You have to say that the current housing price is too high, and the compensation given by the demolition company is not enough to buy a new house. You have to say that the property cost of a new building is very expensive now. I have bought a new building very cheaply, and I can't afford to pay the property fee. 3. I have to talk about the traffic problem. You have to ask them to give you a house in the same lot or buy a new house in the same lot, because your work, study and life are far from where you are now, which will increase your transportation expenses, including tuition, and so on, and then wait. The court ruled that if the court agrees to revoke the administrative ruling of the District Housing Authority, it can continue to negotiate with the developer. If you lose, you can also apply for administrative reconsideration within two months and appeal to a higher court within three months, which will drag on for several months. During this period, the law does not allow forced demolition. The demolition company can't afford to delay time, so it can only give you a satisfactory price, because foundation excavation in Gai Lou is carried out every spring and autumn, and it will delay the start of construction for at least half a year. For them, it will cost them at least tens of millions. What's more, if the developer bribes the court, you will definitely lose the case, but there is one thing you should remember in law. All demolitions must be stopped on the premise that the house is occupied, so as to ensure the safety of the people in the house as the first priority. All rulings and judgments must stop and re-enter the negotiation stage! I see. Another thing you should know is that it is easy for the court to make a decision on forced demolition, but it is not easy to implement it. In other words, after making a decision, the court should contact six departments, and six departments can be dispatched at the same time. Every department needs developers to manage it, and the filing procedure is very troublesome and expensive. In addition, from the perspective of the Municipal Construction Committee, forced demolition is not supported, which means that the final result will be satisfactory. It depends on whether you understand the law. All laws are flawed when they are enacted. Just like making drugs, there must be an antidote.