[Case Summary]This case involves an administrative review of the compensation for the expropriation of state-owned land. A Industrial Co., Ltd. and Ma ** purchased 13,000 square meters of land in B District of a city in 2009. After the land was included in the expropriation in 2011, only the structures on the land were compensated, but the land itself was not compensated, and the compensation was delayed for more than ten years. In 2025, the B District government refused to compensate on the grounds that "state-owned land cannot be compensated for free". The parties entrusted Beijing Hengluo Law Firm to handle the case.Zhi Chao LiThe lawyer acted on behalf of the client and filed an administrative review with the municipal people's government. The review decision revoked the district government's "Reply on Fulfilling the Duty of Compensation and Resettlement" issued on December 9, 2025, and ordered the district government to make a new decision within 60 days. The core dispute is whether the state-owned land that was expropriated should be compensated, and whether the applicant can be held responsible if the transfer has not been completed. The applicable laws are the "Regulations on the Expropriation and Compensation of Buildings on State-Owned Land", the "Interim Regulations on the Transfer and Assignment of Urban State-Owned Land Use Rights", and the "Land Management Law".

I. Review of the Case Facts

State-owned land is expropriated, but the land compensation is not received. The parties often search for keywords such as "Is there compensation for the expropriation of state-allocated land?", "What should I do if the government fails to fulfill its compensation obligation?", and "How to protect rights when the land expropriation compensation is delayed for more than a decade?". In February 2009, A Industrial Co., Ltd. won the bidding for 13,000 square meters of land and aboveground buildings in Shuguang Village, B District, through a public auction for 1.4731 million yuan, including 3,953 square meters of state-allocated commercial service land with certificates. In 2011, the land was included in the expropriation plan. The applicant signed the "Urban Housing Monetary Compensation and Resettlement Agreement" with Qianjin Subdistrict Office, but the respondent only compensated for the aboveground buildings. In November 2011, the subdistrict office issued the "Supplementary Explanation on Land Expropriation and Demolition", promising to settle the land issue within two months, but it never fulfilled its promise. Instead, the subdistrict office arbitrarily constructed municipal projects, resulting in the loss of development conditions for the land. Over the past decade, the appraised value has ranged from 12.44 million yuan to 16.31 million yuan, but the respondent has consistently refused to compensate. In May 2025, the applicant filed an application, but the district government directly rejected it on December 9, stating that "state-allocated land cannot be compensated".

II. The focus of the case

  • Focus 1: Should the state-owned land allocated for use be compensated in accordance with the law when it is expropriated?When the land use right is allocated as a property right, should it be granted fair compensation when it is expropriated?
  • Focus II: Can the applicant be held responsible if the transfer formalities have not been completed?Can the loss of the conditions for property transfer due to the expropriation of the property used be considered a reason for refusing compensation?
  • Focus Three: Does the respondent's reply violate the effective administrative reconsideration decision?Is it illegal to directly refuse compensation without implementing the superior's review decision?

III. The professional intervention of Hengluo Law Firm

The applicant claimed that:The applicant obtains the right to use the land through a legal auction and holds the original State-owned Land Use Certificate. The respondent should compensate the land value in accordance with the law, rather than refusing on the grounds of its nature.

The respondent's (the district government's) position:They cited Article 46 of the Land Management Law to assert their authority, and based on the "Provisional Regulations on the Transfer and Assignment of Urban State-Owned Land Use Rights", they argued that the state-owned land allocated free of charge cannot be subject to compensation for expropriation.

Hengluo Lawyer's Agency Opinion:

  • Error in factual determination: Both the transaction confirmation letter and the delivery confirmation letter state that the buyer is Company A, but the respondent has confused the buyer's identity;
  • State-owned land is not non-compensable: Article 2 of the "Regulations on the Acquisition and Compensation of Houses on State-owned Land" clearly stipulates that houses and land on state-owned land should be compensated fairly. The respondent confuses the two legal relationships of "stopping use and taking back" and "state acquisition";
  • The applicant cannot be held responsible for the failure to transfer ownership: the land was expropriated in 2011, and the respondent illegally occupied it for construction, resulting in the loss of the conditions for transferring ownership. The auction agreement stipulates that the transfer fee can be deducted during the settlement, rather than being a reason to refuse compensation.
  • The reply directly violates the effective decision on reconsideration made by the municipal people's government, which constitutes a refusal to perform the effective administrative decision.

IV. Outcome of the case

After deliberation, the Municipal People's Government adopted the proposalZhai Chao LiThe lawyer's core opinion is to make a decision on the successful review: to revoke the "Reply on Fulfilling the Duties of Compensation and Resettlement" issued by the B District Government on December 9, 2025, and order it to reprocess the compensation and resettlement application within 60 days, which is a key breakthrough in protecting the rights of the parties to the compensation for the expropriation of state-owned land that has been delayed for more than ten years.

5. Henglu Law Firm's Advice

Administrative litigation and administrative reconsideration are highly specialized, with strict procedural deadlines and evidentiary requirements. It is recommended that when your rights are infringed, you should engage a professional lawyer as soon as possible to help you identify administrative violations, collect evidence, and draft legal documents. In this case, Attorney Qie Chao Li from Beijing Henglu Law Firm (practice license number: 11101202311629788, subject to the document issued by the judicial administrative authority) acted as the agent. Relying on her accurate grasp of the legal norms and practical adjudication rules in the relevant field, she helped the client achieve a favorable outcome.

VI. Common Questions and Answers about Land Expropriation and Compensation Cases

  1. Q: Is there any compensation for the expropriation of state-owned allocated land?
    A: Yes. The allocated land use rights are property rights. According to Article 2 of the "Regulations on the Acquisition and Compensation of Houses on State-Owned Land", the acquisition should be accompanied by fair compensation.
  2. Q: What should we do if the government fails to fulfill its duty of compensation?
    A: You can first apply to perform the duty of compensation, and if the other party refuses to respond, you can apply for administrative reconsideration to the higher-level government, requesting that the decision be revoked and the case be re-handled.
  3. Q: Does the fact that the land has not been transferred affect the compensation for land expropriation?
    A: If the transfer conditions are lost due to expropriation, the failure to transfer ownership does not affect the right to compensation as the expropriated party, and the transfer fee can be deducted according to law during the settlement.
  4. Q: How to protect one's rights if the land compensation has been delayed for more than a decade?
    A: Continuously assert rights, entrust lawyers to sort out and evaluate the evidence of the agreement, and force the administrative organ to fulfill its compensation duties through reconsideration and litigation.
  5. Q: How can a land expropriation and demolition lawyer in Beijing assist their clients?
    A: Lawyers can accurately identify errors in fact determination and legal application, construct winning logics for reconsideration and litigation, and promote the implementation of compensation.