There are a large number of buildings that have not been legally registered or approved due to historical reasons.
The respondent has no objection to the evaluation results and automatically relocates, which is also known as an evaluation error and will not be compensated.
The applicant for retrial, the People’s Government of Hunnan District, Shenyang City, Liaoning Province (hereinafter referred to as the Hunnan District Government), is dissatisfied with the Liaoning Provincial High People’s Court’s (2019) Liao Xing Zhong 432 administrative judgment in the case of fulfilling the expropriation and compensation responsibilities with Jin Shuyan, the third party Shenyang Zhengfa Garden Greening Engineering Co., Ltd., and the original defendant, the Urban Renewal Bureau of Hunnan District, Shenyang City, Liaoning Province (formerly the Land and Housing Acquisition Management Office of Hunnan District, Shenyang City, Liaoning Province), Apply for retrial to this court
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The Hunnan District Government entrusts an evaluation agency to evaluate the unlicensed houses and structures involved in the case, and delivers the evaluation results to the respondent.
For such buildings, the government should organize relevant departments to investigate, identify, and handle them in accordance with the law, and should bear the relevant burden of proof in administrative litigation.
Original defendant: Urban Renewal Bureau of Hunnan District, Shenyang City, Liaoning Province.
Respondent (plaintiff in first instance and appellant in second instance): Jin Shuyan.
Compensation shall be given to temporary buildings that are recognized as legitimate and have not exceeded the approved deadline; For temporary buildings that are deemed illegal or exceed the approved period, no compensation will be given.
According to Article 24, Paragraph 2 of the Regulations on the Acquisition and Compensation of Buildings on State owned Land, before making a decision on housing acquisition, the municipal and county-level people’s governments shall organize relevant departments to investigate, identify, and handle unregistered buildings within the scope of acquisition in accordance with the law.
Summary of Judgment: Administrative Ruling of the Supreme People’s Court of the People’s Republic of China (2020) No.
In this case, the Hunnan District government neither issued a compensation plan for expropriation and resettlement, nor investigated, identified, and dealt with the unlicensed houses and structures involved.
4319 of the Supreme Court of the People’s Republic of China.
The relevant departments responsible for investigation, determination, and handling have the legal responsibility to determine and handle the legality of unregistered buildings.
Therefore, in the case where the unlicensed houses and structures involved in the case have not been recognized as illegal buildings or temporary buildings exceeding the approved period, the Hunnan District Government’s claim that the unlicensed houses and structures involved in the case should not be compensated is not supported by this court.
The situation of houses within the scope of expropriation is often complex, especially in urban villages or old urban areas.
The applicant for retrial (first instance defendant, second instance appellant) is the People’s Government of Hunnan District, Shenyang City, Liaoning Province.
Respondent (third person in first instance and third person in second instance): Shenyang Zhengfa Landscape Engineering Co., Ltd.
