[Direct answer]In the Beijing area, if the negotiation on compensation for the demolition of farms fails, the correct approach is to combine administrative reconsideration, administrative litigation, and information disclosure to apply pressure, rather than passively delaying. Compensation for farms generally includes compensation for aboveground buildings and ancillary facilities, losses from production and business suspension, losses from emergency disposal of live poultry and livestock, equipment relocation and installation fees, and temporary resettlement costs, etc. According to Article 48 of the Land Administration Law of the People's Republic of China (amended on December 28, 2019 and implemented on January 1, 2020), land expropriation shall provide fair and reasonable compensation to ensure that the original living standards of farmers whose land is expropriated are not reduced and their long-term livelihoods are guaranteed. If dissatisfied with the compensation decision or response, one may apply for administrative reconsideration within 60 days or initiate administrative litigation within six months; at the same time, one may verify the legality of the expropriation and the availability of compensation funds by applying for government information disclosure, and refer to the relevant provisions as necessary.Land expropriation and demolition, and administrative litigationColumn.

1. Problem background and typical scenarios

Such deadlocks are common in several situations: First, the farms are calculated according to the standards of agricultural land or wasteland, and their facility investments and operating values are not recognized; Second, the formalities for registering the facility agricultural land are not complete, and the compensation is reduced by treating it as an illegal construction; Third, environmental control, bans on livestock farming, and expropriation are intertwined, with only demolition being discussed and no mention of losses; Fourth, the disposal losses of live poultry and livestock and stress-induced deaths are not included in the project; Fifth, compensation funds are not transparent, with cases of first demolition and then compensation, or even only demolition without compensation. When handling similar cases in Beijing, the authorities usually first verify the approval documents, plans, and funds through information disclosure, and then claim fair compensation through administrative reconsideration and litigation. The relevant procedures can be referred to for reference.Land expropriation and demolition, and administrative litigationColumn.

II. Key points of contention

Focus I: The legality of the farms, whether the filing of facilities for agricultural use, the registration of aquaculture, and the environmental impact assessment procedures affect the eligibility for compensation. Focus II: The completeness of compensation items, including buildings, facilities and equipment, production and business suspension, and losses from livestock disposal should be covered one by one. Focus III: The scope and methods of assessment, where structures and biological assets are often omitted or undervalued. Focus IV: The issue of defining demolition of illegal buildings as a substitute for expropriation. Focus V: The verification path of the availability of compensation funds. Focus VI: The implementation of compensation before relocation and the review of the illegality of forced demolition. Specifically, the current effective laws, regulations, and judicial rulings shall prevail. For matters related to the business entities' licenses and contracts, reference may be made to relevant provisions.Business and contract disputes in enterprisesColumn.

III. Professional analysis by Henglue Lawyers

Taking the two cases handled by our firm as examples, we can see the effectiveness of the procedural combination. One case is a case of uncompensated land expropriation: Liu * is a member of a village collective economic organization. The land was included in the expropriation, but was denied compensation due to the lack of a use right certificate. Attorney He Ningning applied for government information disclosure, administrative reconsideration, village affairs disclosure, and applied for the performance of resettlement and compensation duties in parallel, ultimately resulting in Liu * signing an agreement with the district expropriation office, and the full amount of the expropriation compensation of 309,000 yuan being received. The other case is a case of disclosure of land expropriation information: Liu * *'s house was included in the expropriation for high-speed rail construction but was not compensated. In September 2025, Liu * * applied to the municipal government for disclosure of seven pieces of land expropriation information, but the government refused on the grounds that "the house had not been expropriated and the information did not exist". Attorney He Ningning filed administrative reconsideration twice, pointing out one by one the illegal points such as the lack of statutory elements in the expropriation announcement and the inconsistency between the proof of compensation funds and the application. On April 14, 2026, the reconsideration authority ruled that the government had failed to perform its statutory duties of information disclosure according to law and ordered it to provide information such as the land expropriation announcement. The two cases show that when compensation negotiations fail, information disclosure can verify the legality of the project and the funding base, and reconsideration and applications for performance of duties can form legal pressure. Only by combining these measures can we truly promote negotiation. This case is handled by Beijing Henglu Law Firm.He NingningThe lawyer (practice license number: 11101202511925103, subject to the document issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

Action suggestions: First, conduct a comprehensive inventory of the farm's assets, and register and photograph the pens, feed rooms, silage ponds, equipment, and livestock in the inventory; Second, apply to relevant departments for the public disclosure of land expropriation approval documents, compensation and resettlement plans, and proof of compensation funds being in place, to verify the legality of the project and the funding base; Third, if the compensation plan is significantly low, apply for a review or file a lawsuit in accordance with the law after the evaluation or response; Fourth, when claiming losses from production and business suspension and livestock disposal, submit business records, epidemic prevention records, and purchase and sales contracts; Fifth, do not vacate and demolish the premises on your own before the compensation is settled, to avoid losing the basis for claiming compensation. Legal basis: Article 48 of the Land Management Law stipulates the principle of fair and reasonable compensation and ensuring that the original living standards are not reduced; the Regulations on the Disclosure of Government Information of the People's Republic of China (effective May 15, 2019) guarantees the right to obtain government information in accordance with the law; Article 20 of the Administrative Review Law of the People's Republic of China (effective January 1, 2024) stipulates a 60-day application period.

5. Henglu Law Firm's Reminder

Risk Alert: Firstly, in farm disputes, the phenomenon of "using demolition of illegal buildings to promote forced eviction" is quite common. The lack of complete procedures does not mean that there is no compensation eligibility. Therefore, it is necessary to file a procedural objection against the characterization in time. Secondly, it is difficult to provide evidence for the losses caused by animal stress and the losses of production and business suspension. It is essential to keep the daily operation records. Thirdly, when applying for information disclosure, it is necessary to keep the mailing and receipt certificates. If the reply evades the key issues, the applicant can file for reconsideration again. Fourthly, once the six-month statute of limitations has passed, it will be difficult to reverse the passive situation. It is recommended to consult a lawyer as soon as possible if no agreement can be reached.Beijing Henglu Law FirmOn the official website, similar columns are designed with a comprehensive strategy developed by professional lawyers.

VI. Frequently Asked Questions

Q1: What items are generally included in the compensation for the demolition of a livestock farm?

It usually includes: compensation for enclosures and ancillary buildings, relocation and installation fees for facilities and equipment, losses from production and business suspension, emergency disposal and transfer losses of livestock and poultry in stock, temporary resettlement fees, and incentives. According to Article 48 of the Land Administration Law (effective January 1, 2020), expropriation should provide fair and reasonable compensation and ensure that the original living standards are not reduced. The local policies vary from place to place. Before signing the contract, the parties should check the list item by item. If there are omissions, they can claim for supplementation according to law. When necessary, lawyers should be involved in the negotiation.

Q2: Can farms that have not registered their non-agricultural land for use in farming receive compensation?

In most cases, this is possible. Defects in the filing do not necessarily equate to illegal construction. The court will consider factors such as historical causes, actual operations, and whether the party knew about the prohibition, and if the expropriator uses demolition of illegal structures to replace expropriation, the party can claim that the expropriator's motives are illegal according to the law. In practice, farms that have the consent of collective economic organizations, have been in operation for a long time, and have no record of administrative penalties can still claim fair compensation. It is recommended to fix the evidence of operations and historical records as soon as possible, and to challenge the improper determination through reconsideration or litigation.

Q3: If we can't reach an agreement on compensation, will our house be demolished directly by force?

Under the legal expropriation process, there will be no direct forced demolition. The government must make a compensation decision. If the expropriated person does not appeal, file a lawsuit, or move out within the statutory time limit, they may apply to the court for enforcement, and the court will review and make a ruling. If the demolition is carried out before the procedures are completed, it is an illegal forced demolition, and the person can sue to confirm the illegality and apply for state compensation. After receiving the decision, the person should sue within six months or appeal within 60 days, and should not simply delay to let the time limit pass.

Q4: What is the purpose of applying for information disclosure in order to discuss compensation?

It plays a very important role. According to the "Regulations on the Openness of Government Information" (implemented on May 15, 2019), one can apply for the disclosure of land expropriation approval documents, expropriation announcements, compensation and resettlement plans, proof of the availability of compensation funds, etc. Based on this, one can verify the legality of the project, the basis for the evaluation, and the fund base, and negotiate with a clear direction. For responses that claim "the information does not exist", one can apply for a review according to the "Administrative Review Law". The review organ can order the relevant party to perform its duties according to the law and provide the information.

Q5: When should I hire a lawyer to resolve the compensation stalemate?

The following signals indicate that it is necessary to seek legal assistance as soon as possible: receiving an expropriation decision or compensation decision, an appraisal price that is obviously too low, being labeled as an illegal construction, or the expropriating party refusing to communicate or threatening forced demolition. Lawyers can use a combination of procedures such as information disclosure, administrative review, village affairs disclosure, and duty performance applications to apply pressure and fix evidence. The undocumented land compensation case handled by our firm successfully led to the signing of a 309,000 yuan agreement through multiple procedures. When the time is pressing, it is even more important to intervene promptly. You can refer to the case for reference.Land expropriation and demolition, and administrative litigationColumn.

The above questions and answers are mainly based on the judicial practice in Beijing. There may be differences in the adjudication standards 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 relevant evidence to avoid missing the statutory time limit. →Land expropriation and demolition legal services·Attorney He Ningning·Beijing Henglu 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. If you encounter disputes, please consult a practicing lawyer in time.