What's wrong with this lawyer?!

Liu Xuehong had no time to feel surprised and quickly nodded her head.

"The first question, was the forced demolition executed through the court?"

This kind of violent enforcement must go through the court, which is the first clear point that needs to be understood.

In layman's terms, housing demolition and expropriation are actually another form of purchase, the purchase of your house.

However, the relevant departments do not have the authority to demolish forcibly; this must be clarified. For a legal forced demolition to occur, after both parties sign or announce the relevant decision, if the party being demolished does not comply, then it must be enforced through the court as the power of enforcement lies with the court.

Any forced demolition not executed by the court is definitely illegal, without any need for further thought.

After carefully thinking for a while, Liu Xuehong finally said, "It seems there was, I remember receiving some kind of ruling."

Old Tang nodded and then asked the second question, "Regarding the compensation assessment, was it appraised by the corresponding assessment organization, and after you disagreed, was the compensation agreement ever announced?"

Liu Xuehong started to think again, and while thinking, she said, "This... Lawyer Tang, I really don't know about these, they just came and directly talked about giving..."

As for why they disagreed, it's simple; the offer was too low. Not only did their family think it was low, many neighbors also thought it was too little.

It wasn't even enough to buy another house. They were initially hoping for a replacement, to get a roughly equivalent new house directly, but that wasn't agreed upon.

Old Tang remained unmoved; the law only looks at evidence. If the relevant department indeed had the property value assessed by an institution, and the residents didn't object to the assessment, then there was nothing they could do.

A demolition truly has a set of procedures. If you want to protect your rights, you must strictly follow the regulations. At every step, what you do and leaving written traces is essential; otherwise, there would be no place to even state your case.

As for those without compensation offered, that's called illegal construction, and it can be demolished directly.

Old Tang asked the third question, "Regarding the compensation agreement, do you remember the details of the agreement? Were you told that the money was already deposited in a special account and that you could withdraw it at any time with the compensation agreement?"

Liu Xuehong shook her head and said, "That definitely wasn't the case, Lawyer Tang. I remember them telling us at the time that if we moved out first, we could get more compensation later; they definitely didn't mention anything about withdrawing money anytime."

"That agreement definitely wasn't written like that; we weren't even given such a thing at the time."

Old Tang smiled, "Can we be sure of that?"

"We can be sure. Everyone knows it, no one's a fool. How could they possibly give money in advance."

Alright then, that settled the matter. Old Tang finally understood where the problem lay and why the system had assigned such a task.

The "Regulations on Land and Housing Expropriation and Compensation on State-owned Land" Article 27 clearly states that property acquisition should compensate first and then relocate.

Meaning, to force a demolition, you must first have the compensation in place, the most common practice being to have it in a bank special account, where the party being demolished can transfer the compensation at any time with the agreement, only then is the compensation considered to be in place.

Otherwise, you have people vacate the house, and the promised resettlement compensation fails to materialize in time... what's a person to do when they have neither the house nor the money?

As a result, the details of the compensation agreement were never given; instead, they were asked to move out first... this is clearly illegal.

The situation finally became clear; the next step would be to focus on this area... hell, it was time to go to court already.

The new Administrative Litigation Law, Article 34, explicitly stipulates that the defendant bears the burden of proof for the specific administrative act they have carried out and must provide evidence and normative documents upon which the act is based.

If the defendant fails to provide evidence or does not submit it within the deadline without just cause, it is deemed as having no corresponding evidence. However, this does not apply if the administrative act in question involves the legitimate interests of a third party and that third party provides the evidence.

This is what we call the reverse burden of proof; as the defendant, the administrative organ must provide evidence of the legality of its own actions. If it neither provides evidence nor offers any excuse for silence, it's considered to have no evidence.

This provision has immense significance for "citizen versus official" cases; otherwise, it's extremely difficult, practically impossible, for an ordinary person to confirm the illegality of an administrative act and to collect evidence.

Who would hand over proof of their own illegal actions? There are plenty of ways to delay.

Seems pretty straightforward, right? Then why is an administrative lawsuit still considered difficult, and why do so few lawyers want to take it on? That's a matter of opinion.

"Alright, I've finished my questions. Stay calm inside, and there should be a result soon. That's it, I'm leaving."

Old Tang stood up and left the meeting room, eager to see if the Jingnan County Court would give him a surprise.

After all, the initial forced execution ruling had been made by Jingnan Court; the more he thought about it, the more interesting it became.