[Case Summary]This case involves an administrative lawsuit for the forced removal of structures on the ground. Since the 1990s, Li Daguo has legally obtained a 1-mu self-owned farmland in Qianjin Village, Shuguang Town, and has planted poplar trees, peach trees, and pear trees for more than 30 years. In 2024, the town government, citing the fact that the satellite image showed it as basic farmland, forcibly cleared the land on November 26 without notice, compensation, or hearing the opinions of the parties involved. Li Daguo entrusted the Beijing Hengluo Law Firm to handle the case for him.Zhai Chao LiThe lawyer filed an administrative lawsuit, and the court confirmed that the town government's forced removal was illegal. The core disputes are whether the forced removal procedure is legal and whether the plaintiff is qualified. Applicable laws: the Administrative Enforcement Law; Article 74 Paragraph 2 Item 1 of the Administrative Litigation Law; and the Basic Farmland Protection Regulations.

I. Review of the Case Facts

"What should I do if the trees planted on my self-owned land are forcibly removed?" "Is it illegal for the town government to clear the land without prior notice?" "Is there any compensation for the forced removal of trees from basic farmland?" These are frequent issues concerning rural land rights. In the 1990s, Li Dagui legally obtained the right to use one mu of self-owned land in the north of his village in Fengjin Town through unified arrangements by the village. He has legally cultivated the land for more than 30 years, first planting poplar trees and then changing to peach and pear trees in 2020, without any objections from relevant departments.

In 2024, the Qianjin Village Committee called Li Daguo and informed him that the land had been classified as basic farmland due to satellite image issues, and the town's Comprehensive Management Committee of Public Security would conduct a clearance of the land. Before Li Daguo could respond, on the morning of November 26th, town government staff implemented the forced clearance of the land without providing a written notice, offering compensation, or listening to his opinions. "They didn't even give us an explanation before chopping down and uprooting all the trees," Li Daguo said, who later hired the Beijing Henglu Law Firm to handle the case for him.Zhi Chao LiThe lawyer filed an administrative lawsuit with the court.

II. The focus of the case

  • Focus 1: Whether the town government's forced removal complies with legal procedures.For forced demolitions involving citizens' major property rights and interests, the relevant authorities must follow procedures such as issuing notices, informing the parties of their rights, and hearing their statements and defenses.
  • Focus II: Whether Li Daguo has the qualification to be the plaintiff.That is, whether they are the legal users of the land involved in the case and the owners of the attached buildings on the land.

III. Professional intervention by Hengluo Lawyers

The original complaint stated that:Li Daguo claimed that the town government's "sudden attack"-style clearance of the land did not follow any legal procedures, seriously infringed his legitimate rights and interests, and requested that the forced clearance be confirmed as illegal.

The defendant (the town government) argued that:It is responsible for the protection and management of basic farmland. The land involved in the case belongs to permanent basic farmland. The plaintiff's act of planting trees violates the regulations on the prohibition of fruit farming, and the clearing of the land is to correct the illegal act. The Qianjin Village Economic Cooperative stated that it did not sign an agreement with Li, so the plaintiff has no right to use the land and cannot prove that the trees belong to him/her.

Hengluo Lawyer's Agency Opinion:Zhi Chao LiThe lawyer formulated the strategy of "focusing on procedural loopholes and strengthening the subject's qualifications": Procedurally, according to the "Administrative Enforcement Law", the forced demolition must follow the procedures of giving a notice, informing the parties, and hearing their statements and defenses. The town government's "sudden attack" had serious procedural flaws. Regarding the subject, in view of the historical particularity that most rural self-cultivated land was arranged orally, the lawyer guided Li Daguo to collect video and photos of the forced demolition scene, written testimonies from 17 fellow villagers, audio recordings of his phone calls with Liu Guangtian, a villager involved in the land distribution, and testimonies from several villagers who witnessed the land distribution process, forming a complete chain of factual evidence to prove that Li Daguo legally used the land and owned the buildings on it.

IV. Outcome of the case

The court held that the defendant town government failed to perform statutory procedures such as giving notice and hearing the plaintiff's statements and defenses before implementing the forced clearance, violating the relevant provisions of the Administrative Enforcement Law and acting in violation of legal procedures; the evidence submitted by the plaintiff is authentic, legal, and relevant, and can prove that he is the legal user of the land involved in the case and the owner of the attached buildings on the land. In accordance with Article 74(2) (1) of the Administrative Litigation Law, the court ruled that the defendant, the Shuguang Town People's Government of XX District in Beijing, illegally carried out the forced clearance of the trees on the land located in the north of Qianjin Village owned by the plaintiff, Li Daguo, on November 26, 2024, and the defendant shall bear the case acceptance fee.

5. Hengluo Law Firm's Reminder

The exercise of administrative power is closely related to citizens' property rights and interests. Even when performing duties for the public interest, administrative organs must act within the legal framework. In this case,Zhai Chao LiAttorney (Practice Certificate No.: 11101202311629788, subject to the certificate issued by the judicial administrative organ): Reminder: When your legitimate rights and interests are infringed by illegal administrative acts, you should bravely take up legal weapons and seek help from professional lawyers to safeguard your rights; rural land rights often have a history of verbal arrangements, and it is crucial to fix the facts of use and witness testimonies in a timely manner.

VI. Frequently Asked Questions (FAQ) about Special Service Cases

  1. Q: What should I do if the trees I planted on my private land are forcibly removed?
    A: Immediately collect video and photos of the scene of the forced demolition, police reports, and testimonies from villagers who have used the land for a long time. Hire a lawyer to file an administrative lawsuit to confirm that the forced demolition is illegal.
  2. Q: Is it illegal for the town government to clear the land without notifying the residents in advance?
    A: It's illegal. Forcible eviction involves major property rights, and it's necessary to go through legal procedures such as giving notice, informing the rights, and hearing the statements and defenses. If any of these steps are missing, the procedure will be considered illegal.
  3. Q: Is there any compensation for the forced removal of trees from basic farmland?
    A: If the forced removal procedure is illegal, you can file a lawsuit to confirm the illegality and claim compensation; the ownership of the trees and the issue of compensation need to be determined based on the actual circumstances of the case.
  4. Q: How can I prove that the self-owned land is mine without a contract?
    A: You can submit written proof from fellow villagers, audio recordings of distribution statistics calls, and photos and videos of long-term farming activities to form a chain of factual evidence.
  5. Q: How to claim compensation after confirming that Qiangqing violated the law?
    A: After confirming that the illegal judgment has taken effect, apply for compensation to the compensation-liable organ in accordance with the State Compensation Law. If no agreement can be reached through negotiation, you can file a lawsuit.