People can usually understand that land is expropriated for the public interest, for building roads, schools or national defense. In recent years, because of questioning that the local government's demolition behavior is "not for the public interest", the litigation cases of relocated households in the United States have increased.
In these cases, the land expropriation of local government is often accompanied by economic development, and the land is transferred to other private individuals, claiming that this can revive the old city and increase employment. However, the relocated households accused the local government of seeking benefits for themselves under the banner of "public interest" and abusing the state expropriation right. As for the compensation standard for demolition, the two sides negotiated on the basis of fair market price; If the negotiation fails, either give up or "see you in court." Many such cases have also been submitted to the Federal Supreme Court. In the court's judgment on demolition disputes in various places, the local government's handling results are mixed, and it can only be handled cautiously according to the specific situation. Legal experts believe that in such disputes, knowing how to give consideration to the interests of the other party is the best way to solve the contradiction of demolition. The United States is a country that emphasizes and protects individual interests, but it does not ignore public interests. There are many cases in the United States in which the whole road or building design and construction scheme is modified for the sake of one tree and one building. On the whole, however, local governments and residents in the United States have won and lost in the legal disputes over land acquisition privileges, which, to a certain extent, makes the government more cautious in using the demolition privileges, and people are gradually accustomed to thinking more about public interests.
The main reasons for becoming a so-called "nail house" are as follows:
1. Whether the demolition evaluation is accurate or not is related to whether the demolition compensation is fair and just, and whether the legitimate rights and interests of the demolished people are effectively guaranteed. Some evaluation agencies can't resist the temptation of interests and make false evaluations according to the requirements of the clients, which leads to a big gap between the evaluation price and the market price, which damages the legitimate rights and interests of the demolished people;
2. The core of the demolition problem is equal consultation, but in the process of demolition, developers often use the banner of public welfare to force the relocated households to obey unconditionally with "overall interests". At the same time, the issue of compensation is generally the developer's "one price" and there is no room for discussion. The relocated households can only be passively beaten and have no right to equal consultation;
3. In some areas, without the application of the demolition parties, the demolition management department issued an administrative ruling.
legal ground
Public land, economic resources and real estate owned by the federal government can be sold or leased. All land, resources and real estate owned by government departments shall, in principle, be sold or leased by the government departments. The Land Management Bureau of the Ministry of Interior is mainly responsible for selling and leasing all its public land and underground minerals. There are three main types of land it sells:
(1) Remote and isolated plots are very difficult or uneconomical to manage;
(2) Land that was requisitioned for special purposes in the past and is no longer needed;
(3) Land that is very important for public projects, such as community expansion and economic development.