[Case Summary]This case involves a dispute over compensation and resettlement in administrative expropriation. Li Hua is a member of the collective economic organization of Qianjin Village in Jinan City. He inherited his father's 219.8 square meters of residential land and house, but found that they were occupied and demolished by Liu ** from the same village in 2016. In 2024, when the village was included in the urban village renovation program, Li Hua was not provided with resettlement. The local street office refused to provide resettlement on the grounds that "he had neither residential land nor residential houses". Li Hua entrusted Beijing Henglu Law Firm to handle the case for him.Zhang WeiThe lawyer filed an administrative lawsuit, requesting the revocation of the "Reply Letter" and ordering the performance of the resettlement duties. The court revoked the illegal reply and ordered compensation and resettlement within 60 days. The core disputes include whether the inheritance of the right to use the residential land is valid, whether the resettlement plan is properly applied, and whether the consequences of infringement can be transferred. Applicable laws: the Land Management Law, and Guodizizhan [2011] No. 178.

I. Review of the case

Residential plotsBeing occupied and facing demolition without being resettledVillagers often search for terms such as "Can I be resettled if the inherited residential land is occupied and demolished?", "What should I do if my residential land is occupied by others and I don't receive compensation during demolition?", and "Can I sue if the neighborhood office refuses to resettle me?". Li Hua, a member of the collective economic organization of Qianjin Village in A District of Jinan City, inherited a 219.8-square-meter residential land and the buildings on it after her father, Li *1, passed away in 2003. In 2016, she returned to the village and found that the residential land had been illegally occupied by her fellow villager Liu * and the buildings had been demolished and rebuilt. Despite repeatedly reporting the issue, no solution was provided, leaving her with no home and having to rent accommodation long-term. In April 2024, Qianjin Subdistrict announced a plan for the transformation of urban villages, and the residential land in question was included in the demolition scope, but Li Hua was not provided with resettlement. On September 6, the subdistrict headquarters refused to resettle her on the grounds that she "had no residential housing and no legal residential land use certificate".

Li Hua disagreed and entrusted the Beijing Henglu Law Firm to handle the case for him.Zhang WeiThe lawyer represents the client and files an administrative lawsuit to request the revocation of the "Reply Letter" and order the defendant to fulfill its resettlement and compensation obligations.

II. The focus of the case

  • Focus 1: Whether Li Hua has the qualification of a member of a collective economic organization and the status of being resettled.Is it in line with the definition of "eligible resettlement individuals" that their stock certificates and household registration are within the scope of the demolition project?
  • Focus 2: Whether Li Hua legally inherited and obtained the right to use the residential land.When my father passed away, the house was still standing. According to Document No. 178 [2011] issued by the Ministry of Land and Resources, could I acquire it through inheritance?
  • Focus Three: The application of liability for housing loss and resettlement plans.Li Hua should not be held responsible for others illegally demolishing his house. Was it wrong for the street office to refuse to provide him with rehousing on this basis?

III. The professional intervention of Hengluo Law Firm

The plaintiff (Li Hua) claimed that:He/She is a member of a collective economic organization and the legal inheritor of the right to use the residential land. The house was illegally occupied and demolished by others for reasons beyond his/her control. The street office refused to provide resettlement based on incorrect facts, and he/she requests the court to revoke the reply and order compensation and resettlement.

The defendant (the sub-district office) argued that:The reply is in accordance with the law and the procedures; after the village committee confirmed the surveying and mapping, it was found that there were no original houses on Li *1's residential land. Li Hua had no self-owned residence and no use right certificate under his own name, which met the condition that "those who have neither residential land nor residential houses will not be resettled".

Hengluo Lawyer's Representation Opinion:Zhang WeiThe lawyer comprehensively reviewed the evidence, accurately identified the legal basis, and pointed out that: the Urban Renewal Headquarters is a temporary institution, and the responsibility lies with the street office. Its refusal to resettle constitutes a failure to perform its statutory duties; Li Hua's shareholding certificate and household registration are within the scope, meeting the conditions for resettlement; according to Guo Tu Zi Fa [2011] No. 178, the use right of the house occupied by the homestead can be legally obtained due to inheritance. The homestead has not undergone the statutory recovery procedure, and the use right has not been lost; the loss of the house was due to others' infringement, not Li Hua's fault; Li Hua has legitimate rights to the homestead and does not belong to the category of "having neither homestead nor residential house". The defendant applied the wrong basis for the case.

IV. Outcome of the case

The court held that the street office, as the implementing unit, is responsible for the resettlement and compensation; Li Hua's status as a member is undisputed; since he legally acquired the right to use the residential land through inheritance, the loss of the house was due to infringement by others rather than his own fault, which does not meet the conditions for refusing resettlement; the defendant's refusal to compensate based on incorrect facts and grounds lacks legality. Judgment:Revoke the "Reply Letter" issued by the Urban Renewal Headquarters of Qianjin Street on September 6, 2024; order the Street Office to provide compensation and resettlement for Li Hua in accordance with the law within 60 days after the judgment takes effect; and the case acceptance fee shall be borne by the defendant.

5. Henglu Law Firm's Reminder

This case is handled by Beijing Henglu Law Firm.Zhang WeiThe attorney (practice license number: 11101202311579912, subject to the document issued by the judicial administrative organ) acts as the agent. In this case, the attorney, through evidence sorting, accurate legal application, and powerful argumentation, secured the "land-lost villagers" their due resettlement and compensation rights, clarified the legal status of the inheritors of housing plots in urban village transformation, and provided a strong judicial confirmation for the protection of rural collective land rights.

VI. Common Questions and Answers about Disputes over the Acquisition and Resettlement of Rural Homesteads

  1. Q:Can the inherited homestead be relocated if it is occupied and demolished during the urban renewal process?
    A:Because inheriting a house and occupying a residential land can legally obtain the right to use it, which is a legitimate right, it should be resettled and compensated when it is expropriated.
  2. Q:What should I do if my residential land is occupied by others and I'm not compensated during the demolition?
    A:The infringement consequences cannot be transferred to the right holders. They can request to revoke the illegal decision of not providing resettlement and order the party concerned to fulfill its obligation to provide compensation.
  3. Q:Can I sue the neighborhood office if they refuse to provide housing for me?
    A:Yes, you can file an administrative lawsuit against the refusal to provide accommodation, requesting its revocation and ordering the defendant to fulfill its statutory obligations.
  4. Q:If there are no usage rights certificates under my name, will I not be provided with accommodation?
    A:If there are legal sources such as inheritance and the applicant meets the requirements, the application can be corrected even if the applicant does not hold the relevant certificates.
  5. Q:Can one still claim resettlement if the house on the residential plot is demolished?
    A:If the loss of the house is due to the infringement of others and not the fault of the right holder, it will not affect their legitimate rights to the residential land and their eligibility for resettlement.