Guiyang case: run 20 years run by the local people school did not stop business loss?The court set aside the award of compensation

2022-04-29 0 By

In the process of expropriation of houses on state-owned land, it is difficult to determine the amount of compensation when the objects of expropriation are factories, factories, private schools, private hospitals and other houses with operation nature.Because the compensation project that involves is more, compensation standard difference is bigger also.Today we share a case represented by Lawyer Zhang, which involves the expropriation of private schools.Let’s look at the safeguarding process.The plaintiff has been running a private school since 2000 and has gone through relevant procedures.Twenty years later, the school involved in the case was included in the scope of expropriation due to the reconstruction of shanty towns.However, the demolition department will be the same as the school housing compensation, because the compensation standard gap is too large, the two sides did not reach an agreement.The department of demolition and relocation made a decision to compensate for the house expropriation of the plaintiff.The plaintiff filed a lawsuit to revoke the compensation decision.1. According to Article 19 of The Regulations on Expropriation and Compensation of Houses on State-owned Land (hereinafter referred to as “Regulations on Expropriation and Compensation”) issued by The State Council No. 590, the value of the houses to be expropriated shall be evaluated by qualified real estate price evaluation agencies in accordance with the provisions, and the time of evaluation shall be the date of announcement of the expropriation decision.However, in this case, the defendant did not evaluate the value of the house involved in the case, so there is no basis for the defendant to make the decision of house expropriation compensation.2. Article 21 of the “Regulations on Expropriation and Compensation” stipulates that the expropriated person can choose monetary compensation or exchange of house property rights.However, in this case, the defendant only determined monetary compensation as a compensation method in the decision of house expropriation compensation, and did not provide the right to replace the house for the plaintiff to choose, which infringed on the plaintiff’s right to choose the compensated house.3. Article 23 of the “Regulations on Expropriation and Compensation” stipulates that compensation for the loss of production and business operation caused by the expropriation of houses shall be determined according to the benefits of the houses before expropriation and the period of production and business operation.However, in this case, the defendant did not determine the operation and business loss caused by the expropriation of the plaintiff’s private school, which violated the above provisions.Three, the court decided to cancel the house expropriation compensation decision after hearing the court, supported the plaintiff’s lawsuit request.The court held that the main evidence of the house expropriation compensation decision made by the defendant was insufficient and obviously improper. Therefore, the court decided to revoke the house expropriation compensation decision made by the defendant.If the expropriated person refuses to accept the house expropriation compensation decision when receiving it, he must grasp the time limit of administrative reconsideration (60 days) and administrative litigation (6 months), and do not mistake the time limit of rights protection.The review of the compensation decision must be carried out comprehensively from the aspects of factual evidence, legal basis and making procedures.Because this problem is complex and professional, you are advised to consult a professional in time if you encounter similar problems.