[Case Summary]This case is a state compensation dispute arising from the practice of "using demolition of illegal buildings to promote demolition" in the process of land expropriation and demolition. Chen * from Jiangxi Province had a legal house that was included in the scope of demolition for the cultural industry park. Due to disagreements over compensation, no agreement was signed. On March 29, 2022, when the whole family was in quarantine outside the city, the town government forcibly demolished the house on the grounds that it was an illegal building. Chen * entrusted Beijing Henglu Law Firm to handle the case.Wu JianiThe lawyer defends the client's rights. The lawyer confirms that the subject of the forced demolition violated the law and identified the client's reliance interests. The court confirmed that the forced demolition was illegal and awarded 952,083 yuan in compensation for various losses. The core disputes are: the subject of the forced demolition and the illegal procedure, and the compensation for legal property and reliance interests in the illegal building. Applicable laws: the State Compensation Law and relevant regulations on administrative enforcement.

I. Review of the Case Facts

Chen * from Jiangxi owned a legal house in the village. Later, the local government launched a comprehensive development project for the cultural industry park, and the house was included in the scope of expropriation. Due to major differences over compensation matters, Chen * never signed the compensation agreement. Unexpectedly, on March 29, 2022, while the whole family was in quarantine elsewhere, the town government forcibly demolished the house on the grounds that it had not gone through the approval procedures and was an illegal building. Faced with questions such as "Is it legal to forcibly demolish a house without signing an agreement?" and "What should I do if the government uses demolition of illegal buildings to replace expropriation?", Chen * entrusted Beijing Henglu Law Firm to handle the case for him.Wu JianiThe lawyer represents the client to protect their rights and interests.

II. The focus of the case

  • Focus 1: Determining the appropriate defendant in this case.The town government, in order to avoid the statutory expropriation procedures and replace demolition with demolition of illegal buildings, carried out the forced demolition with the approval of the county government and the implementation of the town government and the county urban management bureau. It is necessary to confirm the suitability of the defendant.
  • Focus Two: Is the forced demolition illegal?Although the defendant made a decision on demolition within a specified time limit, issued a notice of urging, and issued a decision on forced demolition, it carried out the forced demolition before the expiration of the review and litigation periods, which violates the legal procedures and should be deemed illegal.
  • Focus Three: The scope of compensation for losses.Even if the building is illegal, the building materials should be compensated as legal property; the plaintiff has the right to obtain approval for building and publicity, forming a reliance interest, and should be granted corresponding compensation.

III. Professional intervention by Hengluo Law Firm

The original plaintiff (the party involved) claimed that:Chen * claimed that the forced demolition was a serious violation of the law and caused significant losses, and requested that the court confirm the illegality and order compensation for the losses.

The defendant argued (from the perspective of the administrative authority):The defendant issued multiple decisions, claiming that the demolition of the house was carried out in accordance with the demolition procedures, and arguing that the plaintiff's house was an illegal construction and would not be compensated.

Legal Opinion by Hengluo Law Firm:Wu JianiAfter accepting the case, the lawyer immediately reviewed the case facts, conducted on-site inspections, collected evidence, and identified the entity responsible for the forced demolition. The lawyer pointed out that the town government, as the subject of the expropriation, accelerated the process by replacing demolition with "removing illegal structures"; the forced demolition was approved by the county government, which failed to fulfill its compensation obligations according to law during the expropriation process, and was carried out by the town government and the county urban management bureau, making them the appropriate defendants. The defendants violated legal procedures by conducting the forced demolition before the statutory time limits for reconsideration and litigation expired. The plaintiff submitted an application form for approval of personal housing construction land, which was approved by the village, township land offices, and the township government. The plaintiff also obtained a public announcement signboard for county-level housing construction approval. Although the plaintiff lacked a formal certificate, there were reasonable grounds to believe that the approval had been granted, creating a reliance interest under administrative law, which constituted a "legitimate right" protected by state compensation. The lawyer applied for a market value assessment of the house, decorations, and interior items.

IV. Outcome of the case

The court adopted the opinion of Henglue Law Firm and held that the defendant should pay compensation amounting to no less than the amount that might be compensated for in accordance with the law; the "direct compensation" for state compensation not only includes the direct property losses caused by illegal demolition, but also includes all the housing demolition and resettlement compensation rights that the subject of expropriation might enjoy. The judgment is as follows: confirm that the defendant, the Town People's Government, illegally demolished the plaintiff Chen's house on March 29, 2022; the defendant, the Town People's Government, shall compensate for all losses totaling 952,083 yuan within 30 days from the effective date of the judgment; dismiss the plaintiff's lawsuit against the County Urban Management Bureau and other litigation requests. The case acceptance fee of 50 yuan and the appraisal fee of 13,500 yuan shall be borne by the defendant.

5. Henglu Law Firm's Advice

In the process of expropriation, "using demolition of illegal buildings to promote demolition" and forced demolition before the expiration of the time limit for reconsideration and litigation are all procedural violations. The parties can request to confirm the illegality and claim state compensation; if there is a public notice for building approval and the formation of a legitimate expectation, even if no certificate has been obtained, they may still be compensated. When encountering demolition problems, it is advisable to consult a professional lawyer as soon as possible. This case is handled by Beijing Hengluo Law Firm.Wu JianiAttorney (Practice Certificate No.: 11101202011245064, subject to the certificate issued by the judicial administrative organ) acting as an agent.

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

  1. Q:If we haven't signed a compensation agreement, can our house be forcibly demolished?
    A:Unless a written agreement has been signed, no forced demolition may be carried out without authorization. After the expiration of the time limit for reconsideration and litigation, the party concerned must apply to the court for compulsory enforcement in accordance with the law. Otherwise, the procedure will be deemed illegal.
  2. Q:Is it legal to demolish illegal buildings instead of carrying out demolition and relocation?
    A:In order to speed up the collection of demolition fees in lieu of demolition and evade legal procedures, the forced demolition should be deemed illegal, and the victims can file a lawsuit to confirm the illegality and seek compensation.
  3. Q:Can I get compensation even though I don't have a property ownership certificate, but there has been an approval and public announcement process for my property?
    A:Where there is a building approval and the recipient obtains a post-approval publicity signboard, which forms a legitimate interest, it belongs to the scope of the state's compensation for legitimate rights and interests, and the recipient can be compensated according to law.
  4. Q:Can I also demand compensation if an illegal building is demolished?
    A:The building materials in illegal buildings belong to legal property. If any losses are caused by the forced demolition, the administrative authorities shall compensate for them in accordance with the law.
  5. Q:How is the amount of state compensation determined?
    A:The compensation shall not be less than the compensation that may be obtained in accordance with the law, including direct property losses and the resettlement and compensation rights to which the person being expropriated is entitled.