Do the hotel demolition staff get compensation?

Look at the case of this court and you will understand everything.

Hotel demolition and rights protection are in a desperate situation, and Wandian lawyers intervene to reverse the situation and help the expropriated people get reasonable compensation!

Plaintiff: Zhao XX

Authorized Agent: Wang Weizhou? Xia Tao, lawyer of Beijing Wandian Law Firm.

Defendant: Rongcheng Municipal People's Government.

Authorized Agent: Yu XX, Wang XX.

Defendant: Weihai Municipal People's Government

Authorized Agents: Lin XX and Huang XX.

Zhao of Rongcheng, Shandong Province, acquired the workshop of a bankrupt state-owned factory through people's auction. After obtaining the property right, Zhao renovated it and used it to open a hotel. The business of the hotel has been very good, and Zhao is very happy. But on 20 14, this hotel was expropriated for compensation. .....

If the house is expropriated and the expropriated person refuses to accept it, an administrative reconsideration shall be filed.

Zhao xx building is located in. XXX, Rongcheng. 20 15 Rongcheng Municipal People's Government issued the Notice of Rongcheng Municipal People's Government on the Decision on House Expropriation. Due to the need of greening project construction, it is necessary to requisition Zhao xx's house located on the state-owned land within the scope of this project. Because the location of this lot is good, the profit from commercial operation is not bad. Because the compensation is extremely unreasonable, because the land of the hotel originally belongs to industrial land and belongs to allocated land, the collection department does not give compensation, while for the above-ground buildings, only the cost of Jian' an is compensated, and Zhao is almost wiped out. In order to survive, Zhao had to embark on the road of safeguarding rights.

The road to safeguarding rights is not smooth, and reconsideration is maintained.

It is suggested that Zhao Xx find a lawyer of Beijing XX Law Firm to defend his rights and file an application for administrative reconsideration. However, the reconsideration decision holds that the house expropriation decision made by the respondent (Rongcheng Municipal People's Government) meets the statutory conditions, and the specific administrative act procedure for making the house expropriation decision is legal. In the end, the specific administrative act made by the respondent Rongcheng Municipal People's Government to maintain the house expropriation decision lost the first confrontation. Since then, the pressure exerted by the collection department has been increasing, and Zhao is very passive.

After filing an administrative lawsuit, he was still depressed. He changed his lawyer, and Wandian lawyer intervened.

After the reconsideration was upheld, an administrative lawsuit was filed, but it was still frustrated repeatedly. Zhao was extremely disappointed. He thought that he could rely on administrative reconsideration to safeguard his legitimate rights and interests, but in the end he could only end up hastily. Zhao felt that he couldn't sit still and planned to change lawyers to turn things around. I heard that the lawyers of Beijing Wandian Law Firm made many responses that shocked the whole country in Shandong, and helped the disadvantaged groups to obtain their legitimate rights and interests, so they found Beijing Wandian Law Firm. After listening to Zhao XX's statement, the lawyer entrusted Wang Weizhou and Xia Tao as agents. After the lawyer intervened in the case, he immediately started discussions, completely changed Zhao XX's original handling route, and conducted in-depth investigation and evidence collection, and found that the government had many illegal places in the collection process.

Illegal point 1: Article 10 of the Regulations on Expropriation and Compensation of Houses on State-owned Land, the municipal and county people's governments shall organize relevant departments to demonstrate the expropriation compensation scheme, publish it and solicit public opinions ... In order to fully protect the expropriated person's right to know, participate and express opinions, and give the expropriated person full consideration, discussion and event preparation, and fully understand the expropriated person's opinions, the period for soliciting opinions shall not be less than 30 days.

Illegal point 2: The Regulations on Compensation for Expropriation of Houses on State-owned Land stipulates that the expropriated person can choose monetary compensation or house property right exchange, but in this expropriation scheme, only monetary compensation scheme is provided, and there is no property right exchange, which infringes on the expropriated person's right to choose.

Illegal point 3: after investigation, it is found that the planning red line is inconsistent with the scope of collection and implementation. If the defendant's project does not conform to the special plan for land requisition for housing, and the defendant fails to provide evidence that the project conforms to the guidance plan, the defendant shall bear the adverse consequences of proof according to law.

The two sides reconciled and the expropriated person received high compensation.

At the trial of this case, the lawyer listed the defendant's illegal problems and evidence one by one, and the situation was soon favorable to the plaintiff. Later, in order to save the defeat, the defendant submitted new evidence to the court. Lawyer Wan Dian pointed out that according to the Administrative Procedure Law and the Evidence Regulations, the government's proof has exceeded the time limit and will not be in power. After the second court session, the collection department called Zhao XX several times to inform Mr. Wang that the collection compensation had been processed, a settlement had been reached with the government, and an agreement was signed that the compensation was in place. Zhao XX withdrew the prosecution and the case was successfully concluded.

Attachment: Administrative Ruling of Weihai Intermediate People's Court, Shandong Province

Rights protection is in a desperate situation, and Wandian lawyers intervene to reverse the situation and help the expropriated people get reasonable compensation!