Compensation for rural house demolition
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Highlights of the Shengting Edition of the Law on the Expropriation and Demolition of Real Estate
Article Source: Author: Date of publication of this website: 2010 65438+February 25th.
Highlight 1: expand the subject of rights protection.
Article 1 This Law is formulated in accordance with the Constitution in order to regulate the activities of real estate expropriation and demolition, safeguard the legitimate rights and interests of real estate owners and promote the realization of national public interests.
The main body of rights and interests protection stipulated in the current demolition regulations is the owner of the house and the lessee of the leased house, and the main body of rights and interests protection stipulated in the Bill on Expropriation and Compensation of Houses on State-owned Land in the State Council is limited to the first two. In practice, whether it is expropriation or agreed demolition (that is, commercial development in a popular sense), in addition to the rights and interests of housing owners and tenants, the rights and interests of housing owners, usufructuary rights holders and security rights holders also need to be protected by law. Therefore, the legal concept of "real estate obligee" is used in the flourishing edition of the Law on Expropriation and Demolition of Real Estate to guide the full text of legal provisions, thus expanding the subject of rights protection.
Highlight 2: Solve the problems of land requisition and land acquisition, and the expropriation of attachments and buildings on the ground.
Article 2, paragraph 1, This Law is applicable to the expropriation and demolition of collective land and its attachments and buildings, and the expropriation and demolition of buildings on state-owned land due to the needs of public interests.
Article 9 In the public interest, the administrative department of real estate expropriation and demolition of the people's government at or above the county level may expropriate the ownership of collective land, the right to use state-owned land and the real estate on collective land and state-owned land, and compensate the real estate owners in accordance with the provisions of this Law.
The law should treat property equally. Therefore, it is necessary to standardize collective land ownership and the expropriation of real estate on the ground while solving the problems of state-owned land use rights and the expropriation of real estate on the ground. The State Council's Bill on Expropriation and Compensation of Houses on State-owned Land does not stipulate the expropriation and demolition of collective land and real estate on collective land, which can neither achieve equal treatment of property nor meet the needs of legislative development in practice. Therefore, the "Real Estate Expropriation and Demolition Law" of the Shengting Edition has improved this.
Highlight 3: jointly solve the agreed demolition problem of above-ground and above-ground houses.
Paragraph 2 of Article 2: The owner of the building on the construction land and the real estate obligee have obtained the ownership of the building through equal and voluntary negotiation, and the relevant provisions of this Law shall apply if they need to move.
The essence of house demolition by agreement is a real estate transaction, which is a transaction between the construction unit and the owner of the house. Of course, this trade fair involves the right to use the land. Whether it is real estate transaction on land or real estate transaction on land, as far as housing transaction is concerned, it is a civil act of equal consultation between housing owners and construction units, and there is no difference. But on the whole, there is indeed a gap between the two. This gap is that according to the requirements of the existing land management law, rural land use rights are not allowed to be transferred, thus limiting the possibility of housing transaction negotiation on collectively owned construction land at the source. However, the land management law is about to be revised, and it is not impossible to realize the limited circulation of collectively owned construction land. At this time, the possibility of rural housing transaction negotiation appeared.
In addition, with the development of the country, there are a lot of new rural construction and old rural reconstruction activities at this stage. If the legislation is not standardized, it is likely that the interests of farmers will not be guaranteed. In fact, there is no legal basis for the current rural demolition, which has indeed led to a large number of demolition contradictions and bloody demolition conflicts. Therefore, on the basis of the State Council's Bill on Expropriation and Compensation of Houses on State-owned Land, Shengting Edition of the Law on Expropriation and Demolition of Real Estate designed the system of agreed house demolition on state-owned land.
Highlight 4: The principle of proportionality has been added to the principle of real estate expropriation.
Article 4, paragraph 1: The principle of fair compensation and due process shall be followed in real estate expropriation. If the collection purpose can be achieved by other means, the collection procedure shall not be started; Measures and means taken for expropriation should be necessary and appropriate.
The principle of proportionality originated in Germany and is a very important principle in administrative law. Expropriation is the process and result of the concrete implementation of state administrative power, so it is necessary to follow the principle of proportionality-when there are many ways to achieve the purpose of expropriation, the expropriation procedure should not be started, and expropriation must be the last choice; In the process of expropriation, when there are a variety of measures and means to achieve the purpose of expropriation, we must choose the means that causes the least damage to the real estate obligee. The establishment of the principle of proportionality can not only effectively prevent over-expropriation and over-expropriation in the process of real estate expropriation, but also help to save resources and better protect citizens' personal rights and interests. The State Council's draft Regulations on Expropriation and Compensation of Houses on State-owned Land lacks necessary restrictions on administrative power, which lies in the lack of this proportional principle. The Shengting Edition of the Law on the Expropriation and Demolition of Real Estate has made a supplementary design, which not only improves the rationality of the expropriation system, but also enhances the matching degree between the legal norms of expropriation and demolition and the Circular Economy Promotion Law.
Highlight 5: Make clear the subordinate relationship and exceptions between land expropriation and house expropriation, and increase relevant expropriation systems.
Eleventh expropriation of rural collective land ownership and state-owned land use rights, should be expropriated attachments and buildings on the land. However, under any of the following circumstances, this restriction shall not apply:
(a) the owner of the attachments and buildings on the land requests to move;
(2) Graves and other monuments must be moved;
(three) the types and quantities of crops on the land are inconsistent with the normal planting situation;
(4) Other laws provide otherwise.
If the expropriation leads to the loss of the original use value of the plots around the expropriated land, it shall be levied together with the consent of the real estate owner.
The existing demolition regulations and the State Council's Regulations on Expropriation and Compensation of Houses on State-owned Land (Draft) both ignore the relationship between the attachment and being attached to houses and land. In fact, the demolition of houses or the expropriation of houses are all aimed at obtaining the land to which the houses are attached. Ignoring this point will directly lead to the proper meaning of expropriation-compensation will only compensate or focus on the market value of houses, and will not position the market value and premium of land in the direction of compensation, resulting in the phenomenon of "more demolition and poorer". Therefore, the Law on the Expropriation and Demolition of Real Estate in Sheng Ting's edition made it clear that the object of expropriation is actually land, and the expropriation of houses is a subsidiary result. However, there are some exceptions to land expropriation without attachments and buildings, so the Law on the Expropriation and Demolition of Real Estate in the prosperous version also stipulates several exceptions when clarifying the subordinate relationship between land expropriation and house expropriation.
In addition, in practice, there is a situation that plot A is included in the scope of expropriation, but plot B adjacent to plot A is not included in the scope of expropriation. The use of plot A after expropriation makes the original use of plot B lost. For example, plot A and plot B were originally used as residential areas, but plot A will be used for airport construction and nuclear power plant construction after being requisitioned. Undoubtedly, the residential use of plot B will be greatly reduced or even completely lost. In this case, the expropriation unit is obliged to obtain the consent of the real estate owner within the scope of plot B and expropriate plot B. Based on this consideration, the relevant expropriation system has been added to the Law on the Expropriation and Demolition of Real Estate in Shengting Edition.
Highlight 6: There should be people's participation and voting in advance in the solicitation decision-making process.
Article 12 If the real estate expropriation and demolition management department of the people's government at or above the county level considers it necessary to expropriate real estate based on public interests, it shall report to the people's government at the same level to organize representatives of real estate owners and demonstrate whether the expropriation project conforms to public interests, expropriation scope, implementation time and other matters in terms of development and reform, urban and rural planning, land and resources, environmental protection, cultural relics protection, construction and finance.
In the process of expropriation decision-making, people should participate extensively and enjoy the right to vote, thus embodying the principle of moving the center of gravity forward, which is a mature practice of foreign demolition legislation. Moreover, let the people participate in the process of expropriation decision-making, and let them fully enjoy the right to know, dissent and vote. , so as to digest the contradictions in the early stage. Almost all the existing demolition tragedies occur in the final stage of forced demolition. The main reason is that the relocated households lack the right to know about the exercise of the previous administrative power and can only passively accept the final administrative decision. Therefore, resistance always exists, and it often breaks out when it accumulates to the final stage of forced demolition. Therefore, the first link in the collection procedure designed by the San Ting version of the real estate collection and demolition law-demonstration, that is, the representatives of real estate owners should participate in order to realize the people's early participation and voting rights.
Highlight 7: A two-level examination and approval system has been added to the collection procedure.
Thirteenth according to the results of the demonstration, the people's governments at or above the county level have decided to implement real estate expropriation projects, and the expropriated real estate shall be reported to the State Council for approval:
(a) the real estate construction area is more than 6,543,800 square meters;
(2) Basic farmland;
(3) More than 35 hectares of cultivated land other than basic farmland;
(four) other collective land of more than seventy hectares.
Expropriation of real estate with a construction area of less than 6,543,800 square meters or other land other than items (2), (3) and (4) shall be approved by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government and reported to the State Council for the record. People's governments at or above the county level are allowed to report to the people's governments of provinces, autonomous regions and municipalities directly under the Central Government for approval twice a year.
Where agricultural land is requisitioned, the approval for conversion of agricultural land shall be handled first. Among them, if agricultural land is converted with the approval of the State Council, land acquisition approval procedures shall be handled at the same time, and land acquisition approval shall not be handled separately. If the people's governments of provinces, autonomous regions and municipalities directly under the Central Government approve the conversion of agricultural land within the scope of land acquisition examination and approval, they shall go through the formalities of land acquisition examination and approval at the same time, and no more land acquisition examination and approval shall be carried out; Beyond the examination and approval authority of land acquisition, the examination and approval of land acquisition shall be handled separately in accordance with the provisions of the second paragraph of this article.
The actual core of house expropriation is land expropriation, and the subordinate relationship between land expropriation and house expropriation is also clearly stipulated in the Law on the Expropriation and Demolition of Real Estate in the prosperous age edition, so it is bound to involve the examination and approval system of land expropriation in the land management law. Therefore, the Law on the Expropriation and Demolition of Real Estate, which was published in Sheng Ting Edition, combined with the relevant provisions of the Land Management Law, added new considerations and designed a two-level examination and approval system for expropriation. Moreover, in the practice of local expropriation, it is not uncommon for the project of expropriation of 35 hectares of cultivated land to be divided into 10 hectares today and 5 hectares tomorrow. In order to prevent the local government from splitting the expropriation items that should be reported to the State Council for approval and then reporting them to the provincial people's government for approval, the Shengting version of the Law on Real Estate Expropriation and Demolition also adds time and frequency restrictions to this approval system, that is, local governments are allowed to report to the provincial people's government for approval at most twice a year.
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The solicitation plan shall be published within the scope of solicitation. The announcement time shall not be less than 30 days; If the collection scope is large, the announcement time shall not be less than 60 days. At the same time, the real estate expropriation and demolition management department should also make news announcements on TV stations or newspapers at or above the county level.
If the published matters involve state secrets, they shall abide by the provisions of relevant laws and administrative regulations on confidentiality.
Sixteenth during the announcement of the expropriation plan, if the real estate right holder has any objection to the expropriation plan, he has the right to apply to the real estate expropriation and demolition management department of the people's government at or above the county level for a hearing.
The real estate expropriation and demolition management department shall decide whether to hold a hearing according to the specific circumstances within 15 working days from the date of receiving the application. If the proportion of hearing applicants exceeds 10% of the total number of real estate owners, the real estate collection and demolition management department must hold a hearing.
When holding a hearing, the real estate expropriation and demolition management department shall solicit the opinions of the real estate obligee, the public and experts on the expropriation scheme, and make a record of the hearing. After the hearing, it shall also promptly announce the adoption and rejection of the opinions of real estate owners, the public and experts, and the reasons.
Article 17 Upon the expiration of the announcement period of the expropriation plan, the real estate obligee fails to apply for a hearing, or holds a hearing in accordance with the provisions of this Law. Real estate owners, the public and experts have no major controversy over the expropriation scheme, and the people's governments at or above the county level shall make a decision on real estate expropriation according to the report of the administrative department of real estate expropriation and demolition.
If a hearing is held in accordance with the provisions of this Law, and the real estate obligee, the public and experts have a major dispute over the expropriation scheme, the real estate expropriation and demolition management department shall re-examine and adjust the expropriation scheme, hold a second hearing, and promptly announce the adoption and rejection of the opinions of the real estate obligee, the public and experts and the reasons.
Real estate owners, the public and experts still have major disputes over the adjusted income plan, and the real estate collection and demolition department shall report to the people's government at or above the county level and report to the people's government at a higher level for review. After examination and approval, the people's government at a higher level shall make a decision on real estate expropriation. If it does not agree after examination, the people's government at a higher level shall make a decision not to levy it.
The uncertainty of public interest leads to the identification of public interest, which is a worldwide problem. Although enumeration method has advantages, it is difficult to exhaust. Therefore, it is an inevitable choice for legislation to establish a procedural identification mechanism while enumerating. Among the identification elements of public interest, the protection of the legitimate interests of the expropriated person should be the main direct factor. Therefore, as a procedural guarantee of public interest, the expropriation scheme should be widely participated by the expropriated person and enjoy the right to vote. In this regard, Shengting Edition of the Law on Expropriation and Demolition of Real Estate has made great efforts, designed the system of pre-plan of expropriation scheme and the system of two hearings, and required the expropriation departments to formulate standardized pre-plan of expropriation scheme and post announcements and news announcements within a limited time. During the announcement period, real estate owners are allowed to raise objections and apply for a hearing, and the corresponding real estate owners are given full right to know and disagree. This dynamic design puts a safety valve on the public interest.
Highlight 9: Allow real estate owners to remedy the expropriation decision.
Nineteenth real estate owners who are dissatisfied with the real estate expropriation decision may apply for administrative reconsideration within 60 days from the date of announcement of the expropriation decision, or bring an administrative lawsuit according to law within three months. Except for major public interests and emergencies, the implementation of real estate expropriation decisions shall be suspended during reconsideration and litigation.
Twentieth after the expropriation decision is made, the real estate expropriation and demolition management department fails to implement the contents of the expropriation decision, and the real estate obligee may bring an administrative lawsuit to the people's court according to law.
"If there is a right, there must be relief, and the right without relief is not a right." Legal norms aim at allocating rights and obligations to subjects in social relations in a certain field. Both the Demolition Law and the Expropriation Law aim at protecting the legitimate rights and interests of the demolished and expropriated people, and set their rights such as the right to know, reasonable compensation and resettlement, which are relatively perfect. However, we should assume that these rights may be violated. Moreover, in the actual judicial practice, the channels of right relief are not smooth, and the lack of relief is more serious. Therefore, while setting these rights, we should pay more attention to the procedural rights of citizens to obtain rights relief. In a sense, right relief is greater than right relief. Based on this principle, the Law on the Expropriation and Demolition of Real Estate, which was published in the imperial court, designed a right relief channel for real estate owners, allowing them to conduct reconsideration and litigation within a certain period of time. During the reconsideration and litigation, the principle is to stop executing the expropriation decision, with major public interests and emergencies as exceptions, so as to avoid the embarrassing situation that the right holders sue but the houses have been demolished or even newly built.
Highlight 10: establish diversified compensation methods and the right of choice of real estate owners
Twenty-third expropriation compensation can be monetary compensation, housing property rights exchange, and the combination of monetary and housing property rights exchange. Property owners have the right to choose.
According to the actual situation, all localities can formulate local laws and regulations and actively explore various ways such as share pricing, employment arrangement and social security. Under the principle of not lowering the current living standard of real estate owners and ensuring their long-term livelihood, the right of real estate owners to choose basic compensation methods shall not be restricted.
The specific principles of implementing the principle of fair compensation in expropriation are: first, not to reduce the current living standards of the expropriated people, and second, to ensure long-term livelihood. These two specific principles are the fundamental principles to implement people's livelihood, which have long been reflected in the documents of the State Council and the Ministry of Land and Resources, but they are not ideal in actual implementation. The important reasons are as follows: first, as a mature compensation method that allows the expropriated person to choose freely, although it is easy to operate, it is too simple to realize the above principles. Second, the economic development in various regions is extremely unbalanced, and it is difficult for a single compensation method to meet the diversified investment benefit needs of the expropriated people, arrange employment needs, and join insurance needs. And these requirements are also the basic guarantee for implementing the above two principles. As a matter of fact, some beneficial explorations have been made in various places and some successful experiences have been gained. If these successful experiences can be fixed in the form of local regulations in legislation, it is a feasible method. This will not only realize the principle of fair compensation, but also enable all localities to formulate regulations suitable for all localities in light of specific conditions.
Highlight 1 1: The fault liability of the government and the public should be distinguished according to the specific situation.
Twenty-seventh illegal buildings within the scope of collection shall be compensated according to the proportion of government fault.
The illegal buildings mentioned in this law are mainly identified according to the relevant provisions of China's planning laws and regulations, and the following situations are specifically distinguished:
(a) due to the change of urban construction planning, the house does not conform to the plan and does not belong to illegal construction;
(two) due to historical reasons, did not obtain the ownership certificate through legal procedures, but did not violate the mandatory laws and regulations of the state, can go through the formalities, no illegal construction. In violation of the mandatory laws and regulations of the state, it shall be dealt with directly according to the illegal construction.
Illegal buildings are not protected by law, so they cannot be compensated. This is the principle of legislation and also conforms to the legal logic. The State Council's current regulations and draft all adopt a one-size-fits-all approach to this problem, and no compensation will be given to illegal buildings. According to the Law on the Expropriation and Demolition of Real Estate in Shengting Edition, houses formed due to historical reasons, such as some unlicensed houses and self-built houses, although undocumented, constitute the elements of illegal buildings, but they cannot be fully compensated. Because the reasons for this situation are nothing more than two aspects: one is the fault of ordinary people, who don't know the law or do it based on practical needs, and of course they don't rule out knowing the law and breaking the law; Both of them are due to the fault of the government, acquiescence in illegal construction or long-term inaction after knowing illegal construction. When the government is at fault or both the government and the people are at fault, the government should bear the losses caused to the people because of its fault. Therefore, the compensation for illegal buildings should consider this fault liability. Doing so will eliminate the opposition of real estate owners in compensation and conform to the principle of fairness.
Highlights 12: Overcome the administrative monopoly of evaluation institutions and restore their independence, objectivity and impartiality.
Article 30, paragraph 2, The real estate price appraisal institution shall be determined by the real estate obligee by voting or drawing lots. The real estate expropriation and demolition management department shall not limit the scope of real estate right holders' choice of real estate price assessment agencies.
Most appraisal institutions in China are decoupled from the original housing management department, but in fact it is difficult to really separate from them, and they are inextricably linked in interests. It is impossible to be fundamentally independent, so it is difficult to be objective and fair. However, in practice, the appraisal agency is to a large extent a vassal of the demolition party, which is based on the will of the demolition party, so that three or four appraisal results will appear when evaluating the same house. Therefore, the new law should start with specific provisions to overcome this inherent administrative monopoly and restore the independence, objectivity and impartiality of evaluation institutions. In this regard, the Shengting version of the Law on the Expropriation and Removal of Real Estate, on the basis of the draft, allows entrusted appraisal companies to conduct assessments throughout the country.
Highlight 13: The expropriation of houses on state-owned land must be the same as the compensation for house value and land value.
Thirty-first real estate appraisal objects include houses and construction land.
The housing compensation price is determined according to the actual use, building structure, old and new degree, building area, construction standards and other factors of the expropriated house.
The compensation price of construction land is determined according to the acquisition method, location price, land premium, development degree and other factors.
Whether it is expropriation or agreed relocation, it will inevitably involve a compensation problem. According to the existing bill, this compensation only involves the compensation of housing value, and the compensation of land value is an extremely unclear or even missing part. In fact, land acquisition and demolition activities will cause changes or adjustments in land planning. Sometimes, the price after the planning change is very different from the price of the original planned use, which is several times or even ten times different. It can be said that the land value-added benefits obtained due to planning adjustment are directly related to real estate owners. Therefore, in the agreed expropriation and demolition activities, the real estate owners should be compensated for the two-way housing value and land value. Moreover, many property owners will have more land than houses when they move through expropriation or agreement. In this case, it is especially necessary to compensate the house value and land value. Therefore, the Law on the Expropriation and Demolition of Real Estate, which was published in Sheng Ting Edition, stipulates that the expropriation of houses on state-owned land should be the same as the compensation of house value and land value, and the evaluation factors of house value and land value should be listed separately.
Highlight 14: Expropriation of collective land, implementation of sub-regional comprehensive land price and determination of basic compensation standard.
Thirty-third real estate expropriation and demolition management departments to levy collective land to implement comprehensive land prices to determine the basic compensation standards. Regional comprehensive land price shall be formulated by provinces, autonomous regions and municipalities directly under the Central Government in accordance with the principles of safeguarding farmers' legitimate rights and interests, sharing the same price in the same place, coordination and balance, and public hearing, and shall be adjusted once every two years.
If cultivated land is requisitioned, the compensation price includes the comprehensive land price, young crops compensation and ground attachments compensation.
If other agricultural land and unused land other than cultivated land are expropriated, the compensation price includes the comprehensive land price of the area.
Expropriation of construction land shall refer to the surrounding state-owned land, adhere to the principle of the same price in the same place and the same price in the same house, apply the provisions of Articles 30, 31 and 32 of this Law, and evaluate and determine the land compensation price and housing compensation price of construction land within the scope of expropriation in combination with the provisions of the first paragraph of this article.
In accordance with the provisions of the second, third and fourth paragraphs of this article, if the farmers who need to be resettled cannot maintain their original living standards, the resettlement subsidy may be increased with the approval of the people's government at or above the municipal level.
The compensation standard stipulated in "Land Management Law" is the product of planned economy, which is obviously low and insufficient to protect farmers' interests. Farmers have great opinions on this, which is also the root cause of the conflict between farmers and local governments. In some places, the comprehensive compensation price of regional plots was implemented to compensate farmers, and good results were achieved. Although the regional comprehensive compensation is not the market price, it is close to the market price to some extent or to a great extent. Because the concept of the same price in the same place has been infiltrated when formulating the regional comprehensive compensation price, multiple factors have been considered for coordination and balance. It is the product of compromise between local government and farmers' interests, conforms to the current compensation reality, and is fixed in the form of legislation, which is conducive to alleviating the contradictions and conflicts caused by current land acquisition.
Highlight 15: Equal protection of the legitimate rights and interests of housing owners and tenants.
Thirty-eighth expropriation of rental housing, housing lease relationship terminated. The real estate expropriation and demolition management department negotiates with the expropriated person and the lessee to handle the compensation matters, and signs a compensation agreement. If no agreement can be reached, the expropriated person shall compensate the expropriated person and the lessee for the losses suffered due to the termination of the lease relationship between the expropriated person and the lessee, or be responsible for arranging the original lessee to rent a house with the same conditions.
Article 60 If the leased house is relocated, the owner and the lessee terminate the lease relationship, or the owner resettles the lessee, the construction unit shall sign a compensation agreement with the owner.
If the house owner and the lessee fail to reach an agreement on terminating the lease relationship, the construction unit, the house owner and the lessee shall negotiate and sign a compensation agreement.
The existing demolition regulations stipulate that house demolition is not the reason for the termination of the house lease relationship, which makes the sublessor only bound by the house lease contract. In practice, the demolition party only compensates the owner of the house precisely because the lessee can claim his rights and interests through the lease contract. But in fact, when the lessee claims his rights and interests in the demolition activities through the contract, it is difficult to obtain effective judicial relief, which leads to the loss of rights and interests. In the part of expropriation and demolition, the Shengting version of the Law on Expropriation and Demolition of Real Estate recognizes that expropriation as force majeure can terminate the lease contract; In the relocation part of the agreement, it is determined that the lease contract will not be terminated. On the basis of this distinction, it is required to compensate the lessee for the losses suffered by the demolition, so that the lease right can continue to be realized.
Highlight 16: the forced relocation procedure should reflect the humanized procedure.
Forty-sixth before the forced relocation, the forced relocation consultation announcement should be issued in advance to listen to the reasons why the real estate right holder refuses to move. The consultation period shall not be less than 15 days. If the owner of the real estate is still unable to move on his own after the expiration of the term, he shall formally issue a written notice of forced relocation, and the notice of forced relocation shall be delivered to the owner of the real estate at least 15 days in advance.
Forced demolition is the last pass of expropriation and demolition, and its exercise will inevitably make the opposition between judicial power and private power rise to the extreme, thus producing a natural contradiction. In order to minimize this contradiction, the Shengting Edition of the Law on the Expropriation and Demolition of Real Estate has designed two compulsory demolition procedures. One is the negotiation of forced relocation for no less than 15 days, during which the opinions of the forcibly relocated people are actively listened to, their difficulties are listened to, and efforts are made to help them solve their difficulties; Secondly, when the previous humanized procedure still fails to make the real estate owner move by himself, the forced relocation procedure will be started again, and the real estate owner will be notified at least 15 days in advance. In this way, it can be humanized before the forced relocation and executed at the expiration of the forced relocation, thus maintaining the absolute authority of legal documents.