[Case Summary]This case involves an administrative dispute over housing expropriation compensation. Liu Shufen's house was included in the expropriation for the urban renewal of the Shuguang area in District A in 2018, but no agreement was reached after many years. In June 2025, she applied for enforcement of the expropriation decision. In November, the review authority ordered enforcement of the decision. In December, the government of District A made a compensation decision, but the appraised value was too low, there were no relocation houses, and the procedure was illegal. Liu Shufen entrusted Beijing Henglu Law Firm to handle the case for her.\nCheng ChunmeiAttorney,\nQiu JuanThe lawyer filed an administrative lawsuit, requesting the revocation of the compensation decision and a new decision. The court revoked the compensation decision in accordance with Article 70 of the Administrative Litigation Law and ordered the defendant to make a new decision within 60 days. The core disputes include: the illegal timing of the valuation, the unclear property exchange plan, and the illegal decision-making process. Applicable laws: Article 19 of the Regulations on the Acquisition and Compensation of Houses on State-Owned Land and Article 70 of the Administrative Litigation Law.

I. Review of the Case

I've been waitingIt took seven years to issue the compensation decision, but it's still unfairThe people subject to expropriation often search for phrases like "how to revoke an unfair compensation decision," "can I sue if the appraisal price is too low," and "is a compensation decision valid even if the relocation housing doesn't exist?" On May 28, 2018, the A District government issued a housing expropriation decision, with the signing period running from June 9 to 22. Liu Shufen's house was included in the expropriation scope, but negotiations failed repeatedly, leading to a stalemate in the expropriation process. On June 30, 2025, Liu Shufen mailed a "Application for Performance of Resettlement and Compensation Duties," but received no response after it was signed on July 2. Consequently, she applied for administrative review. On November 6, the H City government ordered the A District government to fulfill its duties within 60 days. However, on December 5, the A District government issued a compensation decision offering monetary compensation and property exchange, but the appraisal price was seriously underestimated, the relocation housing was non-existent, and the entire process violated numerous laws and regulations.

When she was at her wit's end, Liu Shufen turned to Beijing Henglu Law Firm for helpProgramming Spring Festival Gala for the Spring Festival Evening Gala of China Media Group in 2023Attorneys and\nQiu JuanAttorney, file an administrative lawsuit to request the revocation of the compensation decision, a retrial, and to clarify the location and floor plan of the resettlement housing, the delivery time, and a reassessment.

II. The focus of the case

  • Focus 1: Whether the assessment timepoint is illegal and whether the price is grossly unfair.The valuation should be based on the market level on the date of the announcement of the expropriation decision. The defendant failed to prove the selection process of the valuation agency.
  • Focus II: Is the property exchange plan clear and feasible to implement?The housing resources for resettlement are vague, and the prices are unclear. Is the compensation plan effective?
  • Focus Three: Whether the procedure for making the compensation decision is illegal.Is it a major procedural violation for the government to fail to take administrative action in advance and deprive people of their right to information by delivering notifications through public announcements?

III. Professional intervention by Hengluo Law Firm

The plaintiff (Liu Shufen) claims that:The compensation decision assessed the wrong evaluation timepoint, low prices, the non-existence of resettlement housing, and illegal procedures. It requested to revoke the decision and order a re-evaluation, clarify the information of the resettlement housing, and re-evaluate it according to the announcement date.

The defendant (the A District government) argued that:The expropriation procedure is legal, the evaluation agency selected is compliant, and the content of the compensation decision is legal. However, the party only submitted the announcement of selecting the evaluation agency, but failed to provide evidence on how the evaluation agency was selected.

Hengluo Lawyer's Agency Opinion:程春梅、Qiu JuanThe lawyer sorted out the timeline (starting from the launch of the expropriation in 2018 to the application for assuming duties in 2025, the reconsideration order in November, and the decision in December), and accurately identified three illegal points: the evaluation timepoint should be based on the announcement date of May 28, 2018; the defendant evaluated the property based on outdated data and failed to prove the selection process of the appraisal institution; the report was not officially delivered, depriving the plaintiff of the right to review; the property exchange scheme lacked housing options, and the price was ambiguous, violating the principles of compensation before relocation and protection of legitimate expectations; the administration failed to take action in advance, made a hasty decision, and only announced the decision without prior direct delivery. The lawyer assisted in organizing complete evidence such as household registration books, property ownership certificates, applications for assuming duties, reconsideration decisions, and compensation decisions.

IV. Outcome of the case

The court held that, according to the provisions of the "Measures for the Evaluation of Houses on State-Owned Land" and other regulations, the expropriation department should ensure that the expropriated persons participate in the selection of evaluation agencies, publicize the results of household division, transfer the evaluation reports, and guarantee the right to review and appraise. The defendant only submitted the announcement of selecting evaluation agencies, but failed to provide evidence on how the evaluation agencies were selected. Moreover, the defendant claimed that it had orally informed the plaintiff of the evaluation report, but the plaintiff denied it and provided no evidence. This deprived the plaintiff of the right to review and appraise, and the evaluation report could not be used as a basis. The compensation decision lacked key evidence. According to Article 70 of the "Administrative Procedure Law", the court ruled that:Revoke the "Announcement on the Compensation Decision for Housing Acquisition" issued by the A District government on December 5, 2025; and order it to make a new compensation decision for Liu Shufen's housing acquisition within 60 days after the judgment takes effectAll of Liu Shufen's claims in the lawsuit were supported by the court.

5. Hengluo Law Firm's Reminder

This case is handled by Beijing Henglu Law Firm.\nChang ChunmeiAttorney (Practice Certificate No.: 11101202511071560, subject to the certificate issued by the judicial administrative organ);\nQiu JuanAttorney (practice license number: 11101201811026953, subject to the document issued by the judicial administrative organ). If you disagree with the expropriation decision or compensation decision, you may apply for administrative reconsideration or initiate administrative litigation; please note the litigation time limits: six months from the date of knowing the expropriation decision, six months from the date of receiving the compensation decision, one year from the date of knowing the forced demolition, and three years from the date of the enforcement of the compensation agreement. Failure to comply with the time limits shall be deemed as a waiver of rights.

VI. Common Questions and Answers about Housing Acquisition and Compensation Disputes

  1. Q:How to revoke a compensation decision that is deemed unfair?
    A:A lawsuit may be filed to request the revocation of the decision. The key points to review include the assessment time point, the selection process of the assessment institution, and whether the plan's clarity and the delivery process are legal.
  2. Q:Can I sue if the appraisal price is too low?
    A:Yes, the evaluation should be based on the market level on the announcement date of the expropriation decision. If the selection of institutions and the delivery process are illegal, the evaluation report cannot be used as a basis.
  3. Q:Is the compensation decision for the resettlement housing, which doesn't even exist, valid?
    A:If the housing sources in the property exchange plan are vague, the prices are unclear, and the plan is not enforceable, it can be claimed to be illegal and be revoked.
  4. Q:Is it legal to only announce the delivery of the compensation decision?
    A:If the effective address can be determined, it should be delivered or mailed directly as a priority. It is a procedural violation to only announce the deprivation of the right to be informed.
  5. Q:What is the time limit for appealing against a compensation decision?
    A:An administrative lawsuit must be filed within six months from the date of receipt of the compensation decision. If the deadline is exceeded, the court will not accept the lawsuit.