[Case Summary]This case is an administrative review case concerning the performance of duties in land expropriation compensation and resettlement. Villager Liu Qiang's contracted land was included in the scope of expropriation for a wind power project. After submitting the "Application for Performance of Legal Duties" to the People's Government of B County, the county government failed to respond for a long time. Hengluo Law FirmNan Hui、Song MeinaThe agent, Liu Qiang, applied for administrative reconsideration to the People's Government of A City. The core disputes are: whether the county government has the statutory duty to conduct expropriation, compensation, and resettlement; and whether the failure to respond constitutes administrative omission. The reconsideration organ ordered the county government to conduct a comprehensive review and substantive handling within 30 days. Applicable legal provisions: Articles 47 and 48 of the Land Administration Law, and Article 66 of the Administrative Reconsideration Law.

I. Review of the case

"What should I do if the land is quietly expropriated but I haven't received compensation?" and "Can I appeal if I apply to the county government for performance of duties but receive no response?" are typical dilemmas in land expropriation rights protection. Liu Qiang, a villager of D Village, C Township, B County, leased land in this village. In May 2025, he learned through an application for government information disclosure to the B County Natural Resources and Planning Bureau that the land he leased had been included in the expropriation scope of the "XX Power... Wind Power Project". To safeguard his legitimate rights and interests, Liu Qiang submitted an "Application for Performance of Legal Duties" to the B County People's Government on June 25, 2025, demanding that the government fulfill its duties of expropriation compensation and resettlement. However, after the application was submitted, the B County People's Government did not make any response or take any substantive measures. To promote substantive progress in the compensation matter, on May 19, 2026, Hengluo LawyersNan Hui、Song MeinaThe agent, Liu Qiang, filed an administrative review with the People's Government of City A, requesting that the People's Government of County B be confirmed to have violated the law by failing to perform its statutory duties, and ordering it to perform its compensation and resettlement duties within a specified time limit.

II. The focus of the case

  • Focus 1: Whether Liu Qiang is a subject of expropriation and whether he enjoys the right to compensation and resettlement.The respondent claimed that the scope of expropriation had been clearly specified in the 2022 announcement, and that Liu Qiang's land "was not within the approved scope", so he had no right to demand compensation.
  • Focus Two: Does the People's Government of County B have the statutory duty of compensation and resettlement?The respondent listed the actions it had taken, such as issuing announcements, signing agreements, and disbursing compensation funds, claiming that it had fully fulfilled its obligations and requesting that the claim be dismissed.
  • Focus 3: If the county government fails to respond for a long time after receiving the application for performance of duties, does this constitute administrative omission?The applicant has submitted the application in accordance with the law and received the acknowledgment of receipt.

III. The professional intervention of Hengluo Law Firm

The party concerned (applicant Liu Qiang) claimed that:The contracted land of the party concerned has been included in the scope of expropriation for the wind power project, and he/she is entitled to compensation and resettlement after the expropriation according to law; after receiving the party's application for performance of duties, the People's Government of B County failed to respond or review it for a long time, which constitutes administrative omission. It should be confirmed that the People's Government of B County has violated the law and be ordered to perform its duties.

The respondent (the People's Government of B County) argued that:Liu Qiang's land is not within the scope of the land expropriation approval and he is not a subject of the expropriation. The government has already issued a notice in accordance with the Land Management Law, signed a compensation agreement, and disbursed the compensation funds, fully fulfilling its statutory duties. Liu Qiang failed to provide evidence to prove that the land is within the scope of the expropriation, and he should bear the burden of proof.

Hengluo Lawyer's Agency Opinion:Nan Hui,Song MeinaAfter accepting the entrustment, the lawyer comprehensively reviewed the evidence, fixed the mailing and receipt certificates of Liu Qiang's application for information disclosure and application for performance of duties, and formed a complete chain of evidence. The lawyer legally argued: First, as the person subject to expropriation in the project involved in the case, the applicant enjoys the right to be compensated and resettled after the expropriation; Second, according to Articles 47 and 48 of the Land Management Law, local governments at or above the county level are the statutory entities responsible for announcing and organizing the implementation of land expropriation. The People's Government of B County is legally obligated to review and respond to citizens' applications for compensation and resettlement, and to make substantive decisions; Third, after receiving the application for performance of duties, the People's Government of B County failed to provide any response or conduct a review for a long time, which constitutes administrative omission and violates its statutory duties.

IV. Outcome of the case

The review organ believes that, according to Article 47 Paragraph 1 of the Land Management Law, after the state's land expropriation is approved through legal procedures, the local people's governments at or above the county level shall make an announcement and organize its implementation. The respondent, as the local people's government at the county level, is legally obligated to handle the applicant's resettlement and compensation application. In this case, the respondent failed to handle the applicant's application for performance of duties after receiving it, and should be ordered to perform its duties according to law. According to Article 66 of the Administrative Review Law, this organ decides to order the respondent to conduct a comprehensive review of the applicant's application for performance of duties within 30 days from the date of receipt of this decision, make a response, and take corresponding substantive measures.

5. Henglu Law Firm's Advice

This case is handled by Beijing Henglu Law Firm.Nan Hui、Song MeinaThe agent. After the administrative organ receives the citizen's application for resettlement and compensation, it shall first determine whether it falls within its statutory duties: if it does, it shall perform its duties in accordance with the law; if it does not or the request lacks factual or legal basis, it shall also inform the applicant of the basis and reasons orally or in writing. In this case, the respondent's failure to respond to the application after receiving it was obviously improper. If the expropriated persons encounter similar situations, they should keep the information disclosure, application for performance of duties, and receipt vouchers, and, if necessary, entrust professional lawyers to apply for administrative reconsideration or initiate litigation.

VI. Frequently Asked Questions (FAQ) about Enforcement of Duties-Related Cases

  1. Q: What should I do if my land has been quietly expropriated but I haven't received any compensation?
    A:First, apply for government information disclosure to verify the scope of expropriation and the approval documents. Then, submit an application for compensation and resettlement to the county-level government, and keep the relevant supporting documents.
  2. Q: If there's no response after applying to the county government for the performance of duties, can I request a reconsideration?
    A:Yes. If the administrative organ fails to respond or review the application for performance of duties for a long time after receiving it, it constitutes administrative omission. In this case, you can apply for administrative reconsideration to order the administrative organ to perform its duties.
  3. Q: If the county government says my land is not within the scope of the expropriation, what should I do?
    A:The surveying maps, expropriation announcements, compensation agreements, and other documents obtained through information disclosure can prove that the land is within the scope, and can be used as evidence in reconsideration or litigation.
  4. Q: What is the difference between an application for assuming a duty and the disclosure of information?
    A:The disclosure of information is about obtaining documents and materials, while the application for performance of duties is about requiring administrative authorities to take specific actions such as compensation and resettlement. If the latter is not handled, it can be appealed for review.
  5. Q: What should I do if the government still refuses to perform its duties after being ordered to do so through a reconsideration process?
    A:You can file an administrative lawsuit based on the review decision to request the court to order the performance of the statutory duties.