[Direct answer]In the Beijing area, the process can be divided into three steps: First, request the acquisition department to serve the appraisal report in accordance with the law and keep the records of the service application and communication; Second, apply to the acquisition department or its superior authorities for government information disclosure, requesting the disclosure of documents such as the appraisal report, the materials for selecting the appraisal institution, and the basis for the appraisal time point. If the response is refused or the disclosure is incomplete, you can apply for administrative reconsideration or initiate administrative litigation in accordance with the law; Third, if the acquirer refuses to perform its statutory duties, you can file a lawsuit for performance of duties and request the court to order its performance. It is particularly important to note that the review period for the appraisal report begins from the date of receipt of the report. If you have not received the report, the review period has not yet started. However, you should not wait passively and should actively and timely assert your rights. The appraisal report is the core material for compensation disputes. Only after obtaining it can you verify the area, structure, and unit price to determine whether you need to apply for review within the statutory time limit.

I. Problem Background and Typical Scenarios

During the expropriation process, some expropriators delay sending the evaluation reports to the expropriated individuals, or only present them at the signing site and refuse to provide copies, leaving the expropriated individuals unable to verify the evaluation content and even unable to request a review and appraisal. This "withholding" practice essentially deprives the expropriated individuals of their right to information and right to objection, and also lays hidden dangers for disputes over compensation in the future. When handling such cases in Beijing, the court will review whether the expropriator has legally delivered the evaluation reports and whether the expropriated individuals' rights to review and appraisal have been guaranteed. The illegal delivery process often becomes an important reason for revoking the compensation decision. Therefore, the expropriated individuals should obtain the reports as soon as possible through such means as information disclosure and duty performance applications, rather than passively waiting.

II. Key points of contention

First, whether the evaluation report is a document that should be served in accordance with the law. Second, the scope of applying for government information disclosure and the response period. Third, the remedial path when the acquirer fails to respond or disclose information incompletely. Fourth, whether it is possible to request a court order for service through a lawsuit for performance of duties. Fifth, how the review period starts when the report is not served, and how to avoid losing rights.

III. Professional analysis by Henglue Law Firm

Henglue Law Firm once handled an administrative review case involving the disclosure of government information in land expropriation and demolition. The client, Liu **, was a villager in a certain village. His house was included in the expropriation scope for the high-speed rail project, but he did not receive any resettlement compensation. To verify the legality of the expropriation, Liu ** entrusted He Ningning, a lawyer from our firm, to apply to the local municipal government for the disclosure of seven core pieces of information, including the project approval and approval documents for the expropriation, the land expropriation approval, the pre-announcement of the expropriation, the social stability risk assessment report, the compensation and resettlement plan and announcement, the proof of the availability of compensation funds, and the expropriation announcement. The municipal government first refused to provide any information on the grounds that "the house had not been expropriated and the information did not exist". After the first review ordered a re-response, the municipal government's re-response still seriously deviated from the content of the application. The lawyer reviewed the re-response page by page and pointed out that the pre-announcement and announcement of the expropriation did not comply with the statutory form, content, and subject requirements, that the proof of the availability of compensation funds did not match the content of the application, that the responses to the stability assessment report contained errors in both factual findings and applicable laws, and then represented the client to initiate a second administrative review. In the end, the review authority determined that the respondent had failed to perform its statutory duties of disclosing government information in accordance with the law and ordered the disclosure of information such as the land expropriation announcement. The key to this case is that in the face of the expropriator's "refusal to show the materials and refusal to respond", the most effective approach is to apply for information disclosure in accordance with the law and continuously put pressure on the non-performance of duties, and to force the disclosure of materials through review and litigation. The approach to dealing with the withholding of the stability assessment report is completely consistent with this. This case was handled by Beijing Henglue Law Firm.He NingningThe lawyer (practice certificate number: 11101202511925103, subject to the certificate issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

Action list: First, request the acquisition department to deliver the evaluation report in writing, indicating the name of the document and its purpose, and keep the mailing or signing receipts; Second, submit a request for government information disclosure simultaneously, specifying the request to disclose the evaluation report, the selection of institutions, and the materials at the time of evaluation; Third, if there is no reasonable reason for not replying or disclosing the information within the legal time limit, apply for administrative reconsideration or initiate administrative litigation within the statutory time limit; Fourth, if necessary, initiate a lawsuit for performance of duties, requesting a court order to deliver or disclose the information according to law; Fifth, immediately check the content of the report after obtaining it, and decide within ten days whether to apply for a review. For land expropriation and demolition cases, you can refer to the relevant provisions.Land expropriation and demolition, and administrative litigationAndSpecial servicesLegal basis: The provisions of the "Regulations on the Disclosure of Government Information of the People's Republic of China" regarding the time limit for applications and responses, and remedies; Article 19 of the "Regulations on the Acquisition and Compensation of Houses on State-Owned Land" (promulgated and implemented in 2011) and related provisions. The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Reminder

Firstly, the assessment report should be delivered to the person subject to expropriation. Withholding it constitutes a procedural violation. Secondly, information disclosure is the primary means of obtaining materials, and the response deadlines and remedies must be accurately grasped. Thirdly, the review period has not yet started when the report is not delivered, but one should not wait passively and should actively assert their rights. Fourthly, after obtaining the report, one should immediately check the area, structure, and unit price, and raise objections within ten days. For matters involving land expropriation and demolition, one can proceed through legal channels.Land expropriation and demolition, and administrative litigationYou will receive a comprehensive solution for the service, which includes reference information on real estate and propertiesReal estate transactions and construction projects, the information related to the enterprise and its operations can be combinedBusiness and contract disputes in enterprisesFor matters involving document drafting and evidence compilation, you can seek advice from usSpecial services.

VI. Frequently Asked Questions

Q1: Is it legal for the expropriating party not to provide an appraisal report?

It's illegal. The evaluation report relates to the right of the person being expropriated to be informed, the right to review, and the right to appraisal. The expropriating party shall serve the report according to law. If the report is refused to be provided on various grounds or is only presented on site without being delivered, it constitutes a procedural violation, and the person being expropriated may claim their rights according to law.

Q2: How long will it take to receive a response after applying for government information disclosure?

According to the "Regulations on the Disclosure of Government Information of the People's Republic of China", administrative organs shall respond to requests on the spot if they can do so, and if they cannot respond on the spot, they shall respond within 20 working days from the date of receipt of the request; if the response period needs to be extended, the applicant shall be informed, and the extension period shall not exceed 20 working days.

Q3: What should I do if the expropriating party does not respond to the request for disclosure of information?

You may apply for administrative reconsideration or initiate administrative litigation in accordance with the law, requesting to confirm that the government's failure to perform its duty of disclosing government information is illegal, and order it to provide the relevant information. If it fails to reply within the time limit, you may also claim that it has failed to perform its duties in accordance with the law.

Q4: If I haven't received the evaluation report, how is the review period calculated?

The review period is calculated within ten days from the date of receipt of the evaluation report. If the report has not been received, the review period has not yet started. However, this does not mean that you can wait passively. It is recommended that you actively request the report in writing and apply for information disclosure at the same time, so as to avoid delaying the subsequent protection of your rights.

Q5: What should I check carefully after receiving the evaluation report?

The key points to be checked include the determination of the house area and structure, the nature and area of the land use rights, the valuation of the decoration and ancillary facilities, the unit price of the evaluation, the evaluation time point, and the selection procedure of the evaluation agency. If any objections are found, the party concerned shall apply for a review to the evaluation agency within ten days from the date of receipt of the report, and if necessary, apply for an appraisal by the expert committee.

The above Q&A is mainly based on the judicial practice in Beijing. There may be differences in the interpretation of the law in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, to avoid missing the statutory time limit. →Land expropriation and demolition legal services·Attorney He Ningning·Beijing Henglue Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and public adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. In case of disputes, please consult a practicing lawyer in time.