[Case Summary]This case involves an administrative compensation dispute. Liu Shufen and Zhang Quan, a couple, owned a house on their homestead in a village in Shaanxi. In 2007, they were approved to rebuild the house, which was completed in 2009. However, on November 17, 2021, the municipal government forcibly demolished the house. The couple entrusted Beijing Henglu Law Firm to handle the case on their behalf.Wu JianiThe lawyer first initiated an administrative lawsuit to confirm that the forced demolition was illegal (both the first and second instance courts confirmed this), and then filed a lawsuit for administrative compensation. The court ruled that the forced demolition was illegal and that the compensation liability was established. Referring to the 2017 Compensation and Resettlement Measures, the court determined the unit price of the house compensation at 45% above the replacement value, and combined with the surveyed area of 814.78 square meters, ordered the defendant to pay compensation of 1,116,915.62 yuan and interest. The core disputes are: the scope and standard of compensation, and the determination of the legal area of the house. Applicable legal provisions: Article 4, paragraph 3, and Article 36 of the State Compensation Law of the People's Republic of China, and Article 13 of the Measures for the Appraisal of Houses on State-Owned Land.

I. Review of the Case Facts

"The house was illegally demolished. How much compensation can I get?" This is the most concerned question for the land expropriated individuals. Related terms include "standards for state compensation for illegal demolition", "how to claim compensation for illegal demolition", "whether the losses of items in the house will be compensated", and "how to calculate the interest of state compensation". In December 2025, an administrative compensation judgment from the Intermediate People's Court of A City in Shaanxi Province put an end to the years-long rights protection efforts of Liu Shufen and her husband, Zhang Quanlao. In 2007, the plaintiff's household applied for the reconstruction of the original homestead, with the approval form indicating that the household head was Liu Shufen, and the members included her husband and three children. The allocated homestead area was 121 square meters. Around 2009, the plaintiff's household built a house, which remained unfinished and uninhabited until it was demolished on November 17, 2021.

In order to construct and develop Area F, the A City government issued a compensation and resettlement plan on March 26, 2010, and released detailed rules in July 2011; on December 31, 2011, the Shaanxi Provincial Government approved the conversion of relevant collective agricultural land to construction land and its expropriation to state-owned land, and the plaintiff's house was within the scope of expropriation. Due to the failure to reach a compensation and resettlement agreement, in October 2015, the plaintiff's house was surveyed to have a total area of 814.78 square meters, and the appraisal of the house value as of April 11, 2011 was 1003488 yuan; in February 2017, the defendant issued a newly revised plan; in June 2021, the defendant claimed that only 121 square meters were legal, and the remaining over-built area was not included, with an additional appraisal of 176285 yuan; on November 17, 2021, the defendant demolished the plaintiff's house without reaching a compensation agreement or making a compensation decision in accordance with the law.

The plaintiff entrusted an experiencedWu JianiThe lawyer filed an administrative lawsuit at the end of 2023 to request confirmation that the forced demolition was illegal. In early 2024, the first-instance court confirmed that it was illegal. After the defendant appealed, the second-instance court rejected the appeal and upheld the original judgment, laying the foundation for compensation. Subsequently, Attorney Wu filed an application for administrative compensation on behalf of the client. The defendant failed to make a decision within the statutory time limit, so Attorney Wu filed an administrative compensation lawsuit.

II. The focus of the case

  • Focus I: Whether the plaintiff's various claims for compensation are valid and whether the defendant should bear state compensation liability.Under the premise that the forced demolition has been confirmed as illegal by a valid judgment, does the liability for compensation exist?
  • Focus 2: How to determine the scope and standards of compensation.It includes the standards for compensation for the value of the demolished houses, the identification of the losses of items in the houses, and the calculation of the costs of relocation and temporary resettlement.

III. Professional intervention by Hengluo Law Firm

The plaintiffs (Liu Shufen and Zhang Quan) allege that:The plaintiff claims that the house involved in the case was not subject to expropriation and forced relocation through legal procedures, and the defendant should bear compensation liability. According to Article 4, Paragraph 3 of the "State Compensation Law", the compensation for the original house should not be less than the market value of similar houses in the reconstruction area or nearby areas at the time of forced demolition. Referring to Article 13 of the "Evaluation Methods for House Expropriation on State-Owned Land", the evaluation agency shall issue an independent and objective report, and the compensation shall be calculated in accordance with the principle that the benefit of the doubt shall be attributed to the property owner.

The defendant (the municipal government) argued that:The municipal government argued that the plaintiff's house, which is only 121 square meters, has undergone legal approval, and the excessively built part is illegal and should not be fully compensated; the compensation should be in accordance with the compensation regulations issued by the government, rather than the market price of surrounding commercial housing; the loss of items has been properly disposed of and there is no need for compensation; and it denied punitive damages and some indirect losses.

Hengluo Lawyer's Representation Opinion:Wu JianiThe lawyer pointed out that the house involved in the case has been forcibly demolished, and the reconstruction of Building No. 3 on the original site cannot be restored to its original state. This case involves compensation arising from illegal forced demolition. According to the relevant provisions of the State Compensation Law, the compensation should not be less than the market value of similar houses in the relocation area or nearby areas at the time of forced demolition. The standard can be determined by referring to the assessment methods for expropriation and following the principle that the burden of proof lies with the property owner. The court can randomly select an appraisal institution to issue a report.

IV. Outcome of the case

The Intermediate People's Court of the city adopted some of Attorney Wu's core arguments in its trial and concluded that the liability for compensation was established—the effective judgment had confirmed that the forced demolition was illegal, and the defendant should bear the state's compensation liability according to law. Regarding the scope and standards of housing compensation, the court adopted the surveying and mapping report to confirm the total area of the house.814.78 square meters(Brick-concrete structure: 592.70㎡, brick-wood structure: 153.49㎡, shed: 68.59㎡), rejecting the defendant's opinion that only 121 square meters should be compensated; according to the standard, the plaintiff's house belongs to a self-built house on a collective residential land, so it is not reasonable to compensate it directly according to the market price. However, in order to reflect the negative evaluation of the illegal forced demolition, it is decided to refer to the defendant's 2017 new compensation and resettlement measures, and determine the compensation unit price by increasing the "house replacement price" by 45% (brick-concrete structure: 1473.2 yuan/㎡, brick-wood structure: 1305 yuan/㎡), and finally determine the compensation for the main body of the house107,347.09 yuanIn addition, support the compensation for the structure of 6,295.53 yuan as appropriate; support the losses of items such as the court venue, mixer, scattered trees, and unproperly stored items totaling 24,650 yuan as appropriate; support the relocation subsidy of 2,500 yuan and the relocation incentive fee of 10,000 yuan, totaling 12,500 yuan, and support the interest on the use of funds calculated according to the LPR from the date of forced demolition (November 17, 2021) based on the compensation amount; and reject the claims for punitive damages, compensation for mental distress, and rental losses.

The verdict is:The defendant, the People's Government of A City, shall, within 30 days from the effective date of the judgment, pay the plaintiffs, Zhang Quan and Liu Shufen, a total of 1,116,915.62 yuan in compensation and the corresponding interest thereonAt the same time, the plaintiff can retrieve the items kept by the defendant within the specified time limit. The second-instance litigation to protect rights ended successfully.

5. Hengluo Law Firm's Reminder

The process of seeking administrative compensation is long and complex. The involvement of professional lawyers can help clients avoid detours and effectively fight against illegal administrative acts. When encountering the problem of "how to claim compensation for illegal demolition", it is recommended to fix the area of the house and the evidence of the items as soon as possible, and to entrust professional lawyers in land expropriation and demolition. This case is handled by Beijing Henglu Law Firm.Wu JianiThe lawyer (practice license number: 11101202011245064, subject to the document issued by the judicial administrative organ) acted on behalf of the client and, relying on the relevant provisions of the "State Compensation Law", helped the client obtain more than 1.11 million yuan in state compensation.

VI. Common Questions and FAQs about State Compensation for Land Acquisition and Demolition Cases

  1. Q: Can I get state compensation for illegal forced demolition?
    A: Yes. After the forced demolition is confirmed to be illegal by a valid judgment, the victim can file a lawsuit for administrative compensation. In this case, more than 1.11 million yuan in compensation was awarded after the illegality was confirmed.
  2. Q: What standard is used to calculate the value of the house for state compensation?
    A: Generally, it shall not be lower than the market value of similar houses in the area where the demolition took place or in nearby areas; for self-built houses on collective residential land, the compensation and resettlement measures may be used as a reference for the replacement price, with a reasonable increase, and in this case, the increase is 45%.
  3. Q: Will they compensate for the things that were damaged in the house?
    A: Compensation. The objective loss of items in the house caused by forced demolition is real, and compensation can be granted as appropriate. It is recommended to record the scene with video before the forced demolition. In this case, compensation for the loss of more than 20,000 yuan worth of items will be granted as appropriate.
  4. Q: Is there interest on state compensation?
    A: Yes. Usually, the compensation amount is used as the base, and the interest on the funds occupied is calculated according to the LPR from the date of the forced demolition. In this case, the interest from November 17, 2021 will be supported.
  5. Q: How long will it take to receive compensation after it's confirmed that the forced demolition is illegal?
    A: You need to apply for a compensation decision first. If the application is overdue or rejected, you can file a compensation lawsuit. The process is quite lengthy, and the involvement of professional lawyers can speed up the process and increase the amount of compensation.