[Case Summary]This case is an administrative review case regarding the performance of compensation and resettlement duties. In 2009, Shenyang A Industrial Co., Ltd. purchased the land and the buildings on it (with a registered area of 4,410 square meters) at an auction for 1.4731 million yuan. In November 2011, the land was expropriated, but despite repeated construction activities, no compensation was provided for 14 years. On May 6, 2025, Liu Gang entrusted Beijing Henglu Law Firm to handle the case.Zhai Chao LiThe lawyer mailed the "Application for Performance of Compensation and Resettlement Duties", and the district government signed for receipt but failed to respond within the statutory time limit. The Shenyang Municipal Government ordered the district government to handle the case within 60 days after the review. The core dispute is whether the district government committed administrative omission and violated the principle of "compensation before relocation". Applicable laws: Articles 47 and 48 of the Land Administration Law; Articles 26 and 27 of the Regulations on the Acquisition and Compensation of Houses on State-Owned Land; Article 66 of the Administrative Review Law.

I. Review of the case

"What should I do if I've been expropriated for more than a decade without compensation?" "Is it illegal for the government to seize land first and then provide compensation?" "Can I file for a review if the government doesn't respond to my application for official duties?" These are long-standing pain points for expropriated individuals. On February 16, 2009, the applicant, Shenyang A Industrial Co., Ltd., won the land and buildings located in Shuguang Village, XX Township, H District, Shenyang City, from Shenyang XXX Factory through a legal auction for 1.4731 million yuan. The land covers an area of 13,000 square meters, with 3,000 square meters of tree-covered land. Among these, 4,410 square meters hold land use certificates, while the rest, although uncertified, are classified as state-owned commercial service land.

In November 2011, the plot was included in the scope of expropriation. The applicant cooperated with the demolition of above-ground structures, and some of the land was actually occupied, but the expropriator never reached an agreement on land compensation or made any compensation decision, violating the principle of "compensation first, relocation later". Without compensation, the respondent has carried out multiple construction projects since 2011 (such as pipe laying and the construction of a metro station overpass), damaging the original appearance of the plot and destroying forests, causing the enterprise's operations to stagnate. Despite multiple appraisals (with results ranging from 12 million to 39 million yuan) and the district office's promise to "settle the matter within two months", the compensation remains unresolved. On May 6, 2025, Liu Gang entrusted a lawyer to handle the case on his behalf.Zhi Chao LiThe lawyer officially mailed the "Application for Fulfilling the Duty of Compensation and Resettlement" to the H District government, but the district government still did not respond after the legal deadline expired.

II. The focus of the case

  • Focus I: Whether the applicant enjoys legal rights to the land involved in the case, and whether the government has committed multiple breaches of contract and infringements of rights.These include violating compensation commitments, occupying land without compensation, and incorrectly distributing compensation payments, among others.
  • Focus 2: The statutory duties of the H District government and the illegality of its failure to act.As the county-level and higher governments are responsible for organizing and implementing the expropriation and paying full compensation, their failure to respond constitutes an omission of duty.
  • Focus Three: Whether the request for reconsideration of "confirming the violation + ordering the performance of duties" is valid.If the district government fails to handle the application for assuming duties within 60 days after receiving it, it shall be deemed as omission of duty.

III. Professional intervention by Hengluo Lawyers

The applicant (A Industrial) claims that:The company legally acquired land rights, but the district government failed to provide compensation or respond to the company's request for performance of its duties for 14 years. The company requests that the court confirm that the government's inaction is illegal and order the government to make a compensation decision.

The respondent (H District Government) argued that:He acknowledged his responsibility for land expropriation compensation; he explained that the reason for not replying on time was that "the application was assigned to relevant departments for verification on May 8, 2025, but no information was received", and claimed that he had signed the land and property compensation agreement, and that the failure to reach a land compensation agreement was due to disputes between the two parties over the ownership of the land and other issues.

Legal Opinion by Hengluo Law Firm:Zhi Chao LiThe lawyer formulated a solution from two perspectives: firstly, by using the State-Owned Land Use Certificate and the auction contract to prove the applicant's legitimate rights and interests, combined with the "Supplementary Explanation" from the street office, construction records, and appraisal reports to point out that the district government not only violated the compensation commitment but also failed to compensate for the occupation and wrongly issued compensation; secondly, in accordance with Articles 47 and 48 of the Land Management Law and Article 27 of the Regulations on the Acquisition and Compensation of Houses on State-Owned Land, it was pointed out that the failure to compensate and the occupation violated the principle of "compensation first, relocation later". According to Article 26, the government should make a compensation decision, and the failure to make a decision within 14 years violated the procedural requirements. In accordance with Article 16 of the Implementing Regulations of the Administrative Review Law and Article 44 of the Administrative Review Law, the district government had the burden of proof for its own legitimacy but failed to submit evidence of the processing, which constituted a failure to act; thirdly, the two requests for review were clearly defined as "confirming the illegality + ordering the performance of duties". 律师从事实和法律两个维度构建方案：其一，通过国有土地使用证、拍卖合同证明申请人合法权益，结合街道办《补充说明》、施工记录、评估报告指出区政府既违反补偿承诺又未补偿占用、错误发放补偿；其二，依《土地管理法》第四十七条、第四十八条及《国有土地上房屋征收与补偿条例》第二十七条，指出未补偿即占用违反“先补偿、后搬迁”，依第二十六条政府应作补偿决定，14年未决违反程序，依《行政复议法实施条例》第十六条及《行政复议法》第四十四条，区政府对自身合法性负举证责任却未提交已处理证据，不作为成立；其三，明确“确认违法+责令履职”两项复议请求。

IV. Outcome of the case

The Shenyang Municipal People's Government has adopted it.Zhi Chao LiAccording to the lawyer's opinion, the review decision was made on October 10, 2025: It was determined that the H District government had the statutory duty of compensation and resettlement according to the Land Management Law and other laws; after receiving the application for performance of duties on May 8, 2025, it failed to respond within the statutory time limit and did not submit evidence of having dealt with the matter, which constituted administrative omission; in accordance with Article 66 of the Administrative Review Law, the H District government was ordered to deal with the applicant's application within 60 days (if an evaluation is needed, the evaluation period will be deducted).

5. Hengluo Law Firm's Reminder

"Compensation first, relocation later" is a legal principle that cannot be violated. In this case,Zhai Chao LiAttorney (Practice License No.: 11101202311629788, subject to the document issued by the judicial administrative organ): Note: After the administrative organ receives the application for performance of duties, it shall handle the matter within 60 days if there is no time limit for performance. Failure to handle the matter within the time limit constitutes omission to act. The amendment of the "Administrative Reconsideration Law" in 2023 added the precondition of "failure to perform statutory duties" before reconsideration, requiring applicants to apply for reconsideration before filing a lawsuit. The expropriated persons should keep the mailing receipts and signing records, and consult professional lawyers in time to fix the evidence.

VI. Common Questions and Answers about Land Acquisition and Demolition Cases

  1. Q: What should I do if I've been subject to expropriation for more than a decade but haven't received any compensation?
    A: Submit the "Application for Fulfilling the Duties of Compensation and Resettlement" to the county-level or higher government that carried out the expropriation, keep the receipts, and then apply for administrative reconsideration, ordering it to handle the matter within the time limit.
  2. Q: Is it illegal for the government to seize land first and then compensate the owners later?
    A: It's illegal. Article 27 of the "Regulations on the Acquisition and Compensation of Houses on State-Owned Land" clearly stipulates that "compensation shall be provided first and then relocation shall be carried out". Occupying the house without compensation seriously violates this principle.
  3. Q: If the government doesn't respond to the application for assuming duties, can the decision be reviewed through the administrative reconsideration process?
    A: Yes. For those without a performance deadline, the case should be handled within 60 days. If the case is not handled within the time limit, it constitutes an omission of duty, and the party concerned may request a reconsideration to confirm the illegality and order the performance of duties.
  4. Q: Do land compensation disputes require a review first?
    A: In the revised Administrative Reconsideration Law of 2023, a new provision was added requiring parties to go through the reconsideration procedure before suing the government for failing to fulfill its statutory duties. This means that if a party believes that the government has failed to fulfill its compensation obligations, they must first apply for reconsideration and only then file a lawsuit if they are not satisfied with the outcome of the reconsideration process.
  5. Q: How can I prove that the land is mine if there hasn't been any compensation for many years?
    A: Submit the State-Owned Land Use Certificate, the auction contract, the payment receipt, the statement from the sub-district office, the appraisal report, etc. to form a chain of evidence and prove the legitimate rights and interests.