[Case Summary]This case involves a dispute over compensation for the expropriation of collective land. Liu * is a member of a village collective economic organization. He transferred half of his land to his neighbor and obtained a certificate from the village committee. In 2025, the land was included in the expropriation scope, and the neighbor successfully received compensation, but Liu * was directly denied compensation because he did not have a land use rights certificate. Liu * entrusted Beijing Henglu Law Firm to handle the case.He NingningThe lawyer safeguarded the rights and interests of the client. The lawyer applied for government information disclosure, administrative reconsideration, and village affairs disclosure, and simultaneously applied for the performance of resettlement and compensation duties. Through these multiple channels, the lawyer put pressure on the relevant departments. The core disputes include: whether the lack of a use right certificate disqualifies the claimant from compensation; whether the village committee's transfer certificate can prove the land rights; and whether the claimant meets the resettlement conditions of the compensation plan. The applicable laws include the Administrative Reconsideration Law, the Land Management Law, and the local compensation plan. Finally, Liu * signed an agreement with the district expropriation office, and the full expropriation compensation of 309,000 yuan was successfully received.

I. Review of the Case

Liu * is a villager of a certain village and legally owns the right to use the land in the village, as well as the rights of a member of the collective economic organization. Due to his neighbor's homelessness, after consultation with the village committee, Liu * transferred half of his own land to his neighbor, and the village committee issued a transfer certificate. In 2025, the land was included in the scope of expropriation. The neighbor who received the transferred land successfully received compensation, but when Liu * applied for compensation from the expropriation department, he was directly rejected because he did not have a land use right certificate. What made Liu * even more helpless was that the land involved in the project construction had already been actually occupied, so he could neither exercise the right to use the land nor receive any compensation, and his life was in a dilemma. After repeated unsuccessful negotiations, Liu * entrusted Beijing Henglu Law Firm to handle the case for him.He NingningThe lawyer safeguards the client's rights and interests through legal means.

II. The focus of the case

  • Focus 1: Does the lack of a land use right certificate disqualify someone from receiving compensation?The lawyer pointed out that Liu * enjoys the legitimate right of actual use as a member of the collective economic organization, and the transfer certificate issued by the village committee can corroborate his rights. Therefore, the compensation should not be denied solely on the grounds of the lack of a certificate.
  • Focus II: Whether it meets the statutory conditions for resettlement and compensation.Liu's situation fully complies with the provisions of the compensation plan regarding the scope of expropriation and the identification of resettled individuals, and meets the conditions for resettlement and compensation.
  • Focus 3: How to consolidate evidence and create pressure in administrative procedures.It is necessary to fix the evidence of rights and interests through multiple procedures such as information disclosure, reconsideration, and village affairs disclosure, and to put pressure on the acquisition entities.

III. The professional intervention of Hengluo Law Firm

The client (Liu*) claimed that:As a member of the collective economic organization, I have the legal right to use the land involved in the case. My neighbors have received compensation, but I was denied compensation because I don't have a certificate. This is obviously unfair. I demand that the expropriation department fulfill its resettlement and compensation duties in accordance with the law and pay the compensation money.

The position of the tax collection department is:On the grounds that Liu * failed to provide the land use right certificate, the authorities deemed that he did not meet the eligibility criteria for compensation and refused to include him in the scope of compensation.

Legal Opinion by Hengluo Law Firm:He NingningAfter accepting the case, the lawyer immediately conducted case analysis and on-site inspections, studied the entire process of land transfer and expropriation involved in the case, as well as the local compensation plan, and confirmed that Liu * met the resettlement conditions. The lawyer developed a multi-pronged parallel protection strategy: First, apply for government information disclosure to understand the legality of the expropriation project and whether the compensation funds were fully paid. The relevant departments evaded the key issues in their responses; Second, file an administrative review against the illegal responses to the information disclosure to establish legal binding force; Third, apply for village affairs disclosure to fix the evidence of land rights and compensation distribution at the village collective level; Fourth, request the expropriation subject to fulfill its resettlement and compensation obligations and demand reasonable compensation according to law. By taking multiple measures simultaneously, the lawyer pushed forward the progress of the case.

IV. Outcome of the case

Under the multi-pronged legal offensive, the tax collection department gradually felt pressured and changed its attitude, eventually agreeing to engage in substantive negotiations with Liu *.He NingningUnder the lawyer's full participation and guidance, Liu * reached an agreement with the District Land Expropriation Office on the compensation amount and payment method, and officially signed the expropriation compensation agreement, which stipulates that the District Land Expropriation Office shall pay Liu * a total of 309,000 yuan in expropriation compensation. At present, the full amount of the compensation has been fully paid, and Liu *'s legitimate rights and interests have been effectively protected.

5. Henglu Law Firm's Reminder

This case is handled by Beijing Henglu Law FirmHe NingningAttorney (Practice Certificate No.: 11101202511925103, subject to the certificate issued by the judicial administrative organ). It is not uncommon for rural land without certificates to exist due to historical legacies and policy blind spots. Whether there is a use right certificate is not the only criterion for determining compensation eligibility. Membership in a collective economic organization, actual use rights, and village committee certificates can all serve as evidence of rights. In the event of disputes over expropriation compensation, it is recommended to engage a professional lawyer as soon as possible to fix evidence and protect rights according to law through procedures such as information disclosure, reconsideration, and village affairs disclosure.

VI. Common Questions and Answers about Compensation for Land Seized without Permits

  1. Q: Can I get compensation for the expropriation without a land use right certificate?
    A:Yes. If the person is a member of a collective economic organization, enjoys the right of actual use and has evidence such as a certificate from the village committee to support this, and meets the resettlement conditions of the local compensation program, they do not necessarily lose their eligibility for compensation without a property ownership certificate, and can claim compensation according to the law.
  2. Q: My neighbor got compensation with a certificate, but I was rejected because I didn't have one. What should I do?
    A:First, you can verify your own membership status and the evidence of actual use rights. Then, by applying for the disclosure of village affairs and the disclosure of information to fix your rights and interests, you can request the acquisition entity to fulfill its compensation obligations. If necessary, you can initiate administrative review or litigation.
  3. Q: What should I do if the compensation plan is not made public by the expropriation department?
    A:You can apply for the disclosure of government information according to law, and request the disclosure of the legality of the expropriation project, the compensation plan, and the status of the compensation funds being in place; for responses that avoid the key issues and focus on minor matters, you can file an administrative review to require them to provide a complete and accurate response within a specified time limit.
  4. Q: Is the transfer certificate issued by the village committee valid?
    A:It's useful. The transfer certificate of land use rights issued by the village committee can corroborate the land rights and the fact of transfer, and it is an important evidence to prove the actual right of use. Combined with the member's identity, it can support the claim for resettlement and compensation.
  5. Q: If we can't reach an agreement on land expropriation compensation, should we hire a lawyer?
    A:It is recommended to entrust a professional lawyer as soon as possible. A professional lawyer can use a combination of procedures such as information disclosure, administrative review, village affairs disclosure, and application for performance of duties to put pressure on the acquisition department, promote negotiations, and sign a fair compensation agreement.