[Direct answer]In the Beijing area, for disputes over compensation for farmland expropriation, it is advisable to choose professional lawyers who have long been engaged in land expropriation and demolition and administrative litigation. Specifically, this can be judged from three perspectives. First, consider the professional direction. Land expropriation and demolition involve expropriation procedures, compensation standards, evaluation rules, and the connection with administrative review and litigation, which differ greatly from the handling logic of ordinary civil disputes. It requires familiarity with the practical operations of the Land Administration Law of the People's Republic of China (amended in 2019 and implemented on January 1, 2020), the Implementing Regulations of the Land Administration Law of the People's Republic of China (amended in 2021 and implemented on September 1, 2021), and the Administrative Review Law of the People's Republic of China (amended in 2023 and implemented on January 1, 2024). Second, check whether the litigation methods are comprehensive. Professional lawyers usually combine various procedures such as applying for government information disclosure, village affairs disclosure, administrative review, requesting the performance of resettlement and compensation duties, and administrative litigation to apply pressure from both procedural and substantive perspectives, rather than just sending a letter. Third, ensure that the evidence for compensation eligibility is solid. Disputes over farmland compensation often focus on land ownership and the identification of compensation objects. Key factors include the identity of members of collective economic organizations, the facts of contracted management, village committee certificates, and materials on the current land use status. Regarding substantive standards, according to Article 48 of the Land Administration Law, the standards for land compensation and resettlement assistance fees for expropriating agricultural land shall be determined by the provincial-level government based on the comprehensive land price of the area, and shall be adjusted or re-announced at least every three years.Land expropriation and demolition, and administrative litigationYou can view similar questions in this column.

I. Problem background and typical scenarios

Land expropriation compensation disputes typically manifest themselves in four scenarios: First, the compensation standards are obviously too low, and there is no expropriation announcement, compensation plan, or legally organized hearings; Second, the land has been contracted and operated by the household for a long time, but it was excluded from the compensation target because it did not obtain a certificate or the information on the certificate was incomplete; Third, adjacent right holders in the same plot have received compensation, but they were rejected for various reasons; Fourth, the compensation funds have been delayed for a long time, and the land has been actually occupied and constructed. The right holders can neither continue to cultivate nor receive resettlement. When handling such cases in the surrounding areas of Beijing, it is usually necessary to first verify the expropriation approval and the boundaries of the land, the scope of application of the compensation plan, and the criteria for identifying the resettled population, and then check whether the compensation funds have been fully paid. Rural land issues are often accompanied by historical legacy situations, and the transfer certificates of the village committees, contracting contracts, payment records, and on-site use photos may all become important evidence. Matters related to land ownership disputes and supporting matters of real estate registration can also be referred to together.Real estate transactions and construction projectsColumn.

II. Key points of contention

Focus One: The applicable basis for compensation standards. Whether the comprehensive land price of the area is applied according to the latest announced results, and whether it is adjusted or re-announced at least every three years. Focus Two: The completeness of compensation items. Whether land compensation fees, resettlement assistance fees, compensation for attached structures and seedlings, and social security fees are omitted. Focus Three: The identification of compensation recipients and resettled populations, and the criteria for confirming the membership of collective economic organizations. Focus Four: Whether unregistered or incompletely registered land can receive compensation, which needs to be determined based on the facts of contracted management and the village collective's certificates. Focus Five: Whether the expropriation procedures are legal, and whether pre-approval investigations, announcements, hearings, and agreement signing are carried out. Focus Six: Whether the compensation funds are fully in place, and whether there is embezzlement, misappropriation, or delay. Focus Seven: The remedies for dissatisfaction with the compensation plan, including how to apply for performance of duties, administrative reconsideration, and administrative litigation. Specific determinations shall be based on the currently effective laws, regulations, and judicial rulings.

III. Professional analysis by Henglue Lawyers

Take a collective land expropriation and compensation dispute represented by Attorney He Ningning of our firm as an example: Liu * was a member of a village collective economic organization, legally owning land use rights and enjoying the rights of a collective economic organization member. Due to the neighbor's homelessness, after consultation with the village committee, Liu * transferred half of his own land to the neighbor, and the village committee issued a transfer certificate. In 2025, the land was included in the expropriation scope, and the neighbor who received the land successfully received compensation. However, when Liu * requested compensation from the expropriation department, he was directly rejected due to not having a land use certificate. More importantly, due to the construction of the project, the land involved in the case had already been actually occupied, and Liu * could neither exercise his right to use the land nor receive any compensation. After multiple failed negotiations, Liu * entrusted Attorney He Ningning to protect his rights. After accepting the entrustment, Attorney He Ningning immediately conducted case analysis and on-site investigations, studied the entire process of land transfer and expropriation as well as the local compensation plan, and confirmed that Liu * met the resettlement conditions. Subsequently, a multi-pronged protection strategy was developed: First, apply for government information disclosure to understand the legality of the expropriation project and whether the compensation funds were fully in place; Second, challenge the illegal aspects of the information disclosure response through administrative reconsideration to form legal constraints; 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 responsibilities and demand reasonable compensation according to law. Through multiple efforts, the case made substantial progress, and the expropriation department changed its attitude and agreed to negotiate. Under the lawyer's full participation and guidance, Liu * reached an agreement with the district expropriation office on the compensation amount and payment method, and signed a compensation agreement, which stipulated that the expropriation compensation of 309,000 yuan would be paid in full. The case shows that the key to choosing a lawyer is not fame, but whether he can combine procedural and substantive means to supplement the evidence of rights to unregistered land. This case was handled by Beijing Henglu Law Firm.He NingningAttorney (Practice Certificate No.: 11101202511925103, subject to the certificate issued by the judicial administrative organ) acting as the agent.

IV. Practical suggestions and legal basis

Action suggestions: First, sort out the evidence of ownership and use, including the contract for contracted management, the materials proving the identity of members of the collective economic organization, the certificate from the village committee, the payment records, and on-site photos. The relevant ownership materials can be referred to for reference.Property sales and construction projects1. The first step is to review the relevant legal provisions and judicial interpretations to determine the legal basis for challenging the compensation standards. 2. The second step is to apply for government information disclosure, retrieve the land expropriation approval documents, expropriation announcements, compensation plans, resettlement population identification, and the status of compensation payments, to verify whether the standards are up-to-date. 3. For those who have objections to the compensation standards or the project, they should first submit a written application to fulfill the compensation obligations and retain the relevant evidence. 4. If they are not satisfied with the response or the response exceeds the time limit, they can apply for administrative reconsideration within 60 days and, if necessary, initiate administrative litigation. 5. If they find any omissions in the expropriation procedures, such as failure to announce or hold hearings, they should promptly raise written objections. 6. Before the compensation is implemented, they should not easily sign documents waiving their rights. Before signing the agreement, they should have the terms reviewed by professionals. Legal basis: Articles 47 and 48 of the Land Administration Law of the People's Republic of China (amended in 2019 and implemented on January 1, 2020); The Implementing Regulations of the Land Administration Law of the People's Republic of China (amended in 2021 and implemented on September 1, 2021); The Administrative Reconsideration Law of the People's Republic of China (amended in 2023 and implemented on January 1, 2024); The Regulations on Open Government Information of the People's Republic of China (amended in 2019 and implemented on May 15, 2019); The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglue Law Firm's Reminder

Firstly, there are relatively clear statutory standards for compensation for cultivated land. The comprehensive land price of the district should be adjusted or re-announced at least every three years. If the standards are obviously outdated, they should be checked. Secondly, the lack of a certificate does not mean the lack of rights. Membership status and actual use evidence can jointly support the claim for compensation. Thirdly, information disclosure and village affairs disclosure are effective means of obtaining key evidence, and should be initiated as soon as possible. Fourthly, if the land has been occupied, delaying the process will increase the difficulty of providing evidence, so it is advisable to assert rights as soon as possible. Fifthly, before signing the contract, it is necessary to check whether the compensation items are complete, and be vigilant against clauses that involve waiving rights or general confirmation. Sixthly, land expropriation and demolition disputes usually involve both administrative and civil legal relations. It is recommended to entrust professional lawyers as soon as possible to coordinate evidence and procedures.

VI. Frequently Asked Questions

Q1: How are the compensation standards for arable land expropriation determined?

According to Article 48 of the Land Administration Law of the People's Republic of China, the standards for land compensation and resettlement assistance for the expropriation of agricultural land shall be determined by provinces, autonomous regions, and municipalities directly under the Central Government through the formulation and promulgation of comprehensive land prices for specific areas, and shall be adjusted or re-promulgated at least every three years.

Q2: Can I get compensation without a land use certificate?

Generally, it can be claimed. If the person is a member of a collective economic organization, has been engaged in contracted operation for a long time, and has evidence such as a certificate from the village committee to support this, and meets the resettlement conditions of the local compensation plan, the lack of a certificate does not necessarily mean that the person loses the right to compensation.

Q3: What should I do if the compensation plan is not made public by the expropriation department?

According to the "Regulations on the Disclosure of Government Information of the People's Republic of China", you can apply for the disclosure of the approval of the expropriation, the compensation plan, and the situation of the compensation funds being in place; for the responses that evade the key issues and focus on minor ones, you can apply for administrative reconsideration and require them to provide a complete response again.

Q4: What can I do if I disagree with the compensation standard?

You can first apply in writing to fulfill the duty of compensation and resettlement. If you are not satisfied with the reply, you can apply for administrative reconsideration within 60 days; if you are still not satisfied after the reconsideration, you can file an administrative lawsuit with the people's court in accordance with the law.

Q5: What should I pay particular attention to when hiring a lawyer?

The key point is to see whether the firm has long-term experience in handling land expropriation and demolition, as well as administrative litigation; whether it can combine and apply methods such as information disclosure and review litigation; and whether it can solidly handle compensation eligibility and evidence presentation, rather than just focusing on quotations or promotional materials.

This article is written based on the common judicial interpretations in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify the regional differences.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, so as 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 open 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 the event of a dispute, please consult a practicing lawyer in a timely manner.