[Case Summary]This case involves an administrative review of housing expropriation compensation. In 2012, A City issued a compensation plan for the renovation of F Mall, and Liu Dashan's 84.13-square-meter property was included in the expropriation scope. In 2013, he chose property exchange and signed the "Property Exchange Agreement", agreeing to exchange for a high-end apartment in K New World Shopping Plaza and receive a compensation of 50,000 yuan. However, due to obstacles in property registration, he was unable to obtain the necessary certificates to move into the new apartment. On April 10, 2025, Liu Dashan mailed a "Application for Performance of Legal Duties", but it was refused and returned to him. Liu Dashan then entrusted a lawyer to handle the case for him.Song MeinaOn May 7, 2025, an application for administrative reconsideration was submitted to the municipal government. The reconsideration organ determined that the district government had the legal obligation to provide the applicant with a property ownership certificate for the exchange of housing, and that its refusal to sign the application constituted a failure to perform its duties. According to Article 66 of the Administrative Reconsideration Law, the district government was ordered to respond within 60 days. The core disputes include: the obligation to deliver the exchanged housing under the obstacles to registration, and whether the refusal to sign the application constitutes a failure to perform its duties. Applicable laws: Article 21 and Article 26 of the Regulations on the Acquisition and Compensation of Houses on State-Owned Land; Article 66 of the Administrative Reconsideration Law of the People's Republic of China.

I. Review of the Case

How to handle the situation where the property rights exchange certificate cannot be obtained after ten years of implementation, and the application for performance of duties is rejected? In April 2012, the former A City Housing Acquisition Office issued the "Housing Acquisition and Compensation Plan for the F Mall Transformation Project". In July of the same year, the A District Government of Harbin City issued a housing acquisition announcement, and Liu Dashan's 84.13-square-meter property rights house was included in the acquisition scope. Due to a lack of agreement, in January 2013, the district government made a compensation decision, and Liu Dashan chose property rights exchange. In October 2013, the "Property Exchange Agreement" was signed, stipulating the exchange of an 84.13-square-meter boutique house on the third floor of K New World Shopping Plaza and a compensation payment of 50,000 yuan. On the same day, the receipt notice was signed, and the compensation payment was subsequently collected, but due to obstacles in property rights registration, it was impossible to obtain the certificate and move in. On April 10, 2025, Liu Dashan mailed a "Application for Performance of Legal Duties" to the district government, demanding the provision of the boutique house and the issuance of the certificate, as well as the payment of compensation of 30,061.95 yuan, but the mail was refused and returned. Liu Dashan entrusted a lawyer to handle the matter.Song MeinaOn May 7, 2025, an application for administrative reconsideration was submitted to the municipal government.

II. The focus of the case

  • Focus 1: When there are registration obstacles for the replacement housing, does the regional government still have the obligation to deliver it?As the statutory subject of expropriation, they are legally obligated to provide property certificates for the exchange of houses.
  • Focus Two: Does the rejection of the application for assuming office constitute administrative omission of duty?The refusal of the visa does not exempt you from your obligation to respond. You should respond to whether you can fully perform your duties after changing your residence.
  • Focus 3: Does receiving the 50,000 yuan compensation mean that the duty has been completed?The monetary compensation part has been fulfilled, but the obligation to deliver the property exchange housing has not been completed yet.

III. Professional intervention by Hengluo Law Firm

The party concerned (the applicant) claimed that:Liu Dashan claimed that the respondent delayed in performing its duty of compensation for expropriation, that Jingpin House faced registration obstacles and was unable to obtain a certificate, that it failed to provide qualified housing, and that it failed to pay the compensation of 30,061.95 yuan according to the decision. He also claimed that the respondent's refusal to sign the application was an attempt to evade responsibility. He requested that the respondent be ordered to perform its duties, provide housing that can obtain a certificate, and pay the compensation.

The respondent (the district government) argued that:It is stated that the applicant has signed the property rights exchange agreement and received 50,000 yuan, indicating that the agreement has been fulfilled; the applicant's refusal to register the household registration is due to the fact that they cannot obtain the necessary certificates; the handling of the case complies with the procedures, and there is no delay or negligence in duties.

Hengluo Lawyer's Agency Opinion:Song MeinaIt is pointed out that the respondent has been delaying the performance of its obligations, resulting in the party not receiving the relocation and compensation benefits; although an agreement was signed, there are obstacles in the registration of the property rights of the high-end house, and it has not been proven that the house meets the legal registration conditions, so the house has not been delivered in substance; it has not paid 30,061.95 yuan in compensation for infringement of property rights; and its refusal to sign for the performance application is an evasion of its statutory duties and constitutes administrative omission. It is requested that the review organ order the respondent to perform its duties.

IV. Outcome of the case

After accepting the case, the Harbin Municipal Government extended the review period by 30 days to investigate the facts and review the evidence. It held that the respondent had fulfilled its obligations by making the compensation decision, signing the agreement, and paying 50,000 yuan in 2013, and did not support the claim for 30,061.95 yuan; however, as the statutory subject of expropriation, it had the legal obligation to provide the applicant with a property certificate for exchanging houses. When the applicant claimed that there were obstacles to registration, the respondent failed to submit evidence to support it and refused to accept the application. Therefore, the respondent should respond to whether the exchange of houses meets the registration conditions and whether it can fully fulfill its obligations. In accordance with Article 66 of the Administrative Reconsideration Law, the respondent is ordered to respond to the "Application for Performance of Legal Duties" within 60 days.

5. Henglu Law Firm's Reminder

This case is handled by Beijing Henglu Law Firm.Song MeinaThe attorney (practice license number: 11101202511880410, subject to the document issued by the judicial administrative organ) acts as an agent. In the process of property acquisition and exchange, the acquisition subject has the legal obligation to deliver the houses with transferable property rights certificates. If there are registration obstacles or the application for official duties is rejected, the attorney may apply for administrative reconsideration according to law, and order the acquisition subject to respond and perform within the time limit.

VI. Common Questions and FAQs about Appeals for Compensation in Land Expropriation Cases

  1. Q: What should I do if I can't get the property rights certificate after ten years of property rights exchange?
    A:The subject of expropriation may be required to provide replacement housing for which a property ownership certificate can be obtained. Otherwise, the party concerned may claim that the subject of expropriation has failed to fulfill its obligation to deliver the property in accordance with the Compensation Regulations.
  2. Q: Does the rejection of the application for assuming office count as a response?
    A:No. The refusal to issue a visa does not exempt the respondent from the obligation to respond. The authority may review the case and order the respondent to respond within a specified time limit.
  3. Q: Can I still ask for the house after receiving the compensation money?
    A:Yes. Monetary compensation and property rights exchange can be claimed separately, and the obligation to hand over the house will not be exempted even if the compensation has been received.
  4. Q: Can the reviewing authority directly order the delivery of the house?
    A:Generally, the court orders the respondent to fulfill its obligations. In this case, the court ordered the district government to respond to the application within 60 days.
  5. Q: How to use the decision on expropriation compensation?
    A:It is the basis for claiming property rights exchange and compensation, and on this basis, one can demand the performance of the obligation and request a review to protect their rights.