[Direct answer]The signing of the expropriation compensation agreement should follow the principles of voluntariness and fairness. If the compensation is obviously unreasonable, the operators of the farms have the right to refuse to sign the agreement. However, refusing to sign is just the starting point of the right to negotiate: if no agreement can be reached within the signing period, the expropriation department may report to the municipal or county-level people's governments that make the expropriation decision to make a compensation decision in accordance with the compensation plan and announce it (Article 26 of the Regulations on Expropriation and Compensation of Houses on State-Owned Land); if the decision is not accepted, an administrative reconsideration shall be applied for within 60 days or an administrative lawsuit shall be initiated within 6 months. If no relief is sought and no relocation is carried out within the time limit stipulated in the decision, the government may apply to the people's court for compulsory enforcement in accordance with the law (Article 28 of the same regulations). The rational approach is to apply for a review of the evaluation report, entrust an expert committee to appraise it, simultaneously verify the expropriation procedures and the availability of funds, and then negotiate or initiate administrative reconsideration and litigation. Violent resistance to demolition should be avoided at all costs. For more details, please refer to the following link:Legal services for land expropriation and demolition, and administrative litigation.

I. Problem background and typical scenarios

With the delineation of prohibited breeding areas, environmental protection rectification, and the advancement of urban development, many farms have been included in the scope of expropriation. The typical situation encountered by operators is that the amount of the agreement is far lower than the actual losses of enclosures, the disposal of livestock and poultry, relocation, and suspension of production and business; or they are only given the total amount, not the details, and are urged to sign within a limited time. Some people are afraid of signing at a disadvantage and are also afraid of being forcibly demolished if they refuse to sign. In fact, there are legal channels for resolving compensation disputes: evaluation review, consultation, hearing, reconsideration, and litigation. Refusing to sign does not mean losing rights, and delaying the process does not mean being able to negotiate higher compensation. Those who want to understand the rules of the expropriation process can refer to the following materials for more information.Legal services for land expropriation and demolition, and administrative litigationView the content of the special topic.

II. Key points of contention

Such disputes typically focus on four aspects. Firstly, the scope of compensation: whether the land compensation fee, on-site fixtures such as pens, compensation for livestock and seedlings, relocation fees, and losses from production and business suspension are calculated item by item, and whether there are any omissions in the appraisal report. Secondly, the evaluation method and valuation date: whether the compensation is based on the replacement value of buildings or the operating income, and whether reference is made to similar market cases, which directly affect the amount of compensation. Thirdly, the signing parties and their authority: whether the signatories are the statutory expropriation departments or entrusted units, and whether the terms of the agreement are manifestly unfair. Fourthly, the consequences of refusing to sign: the procedures for making compensation decisions, the time limits for reconsideration and litigation, and the enforcement measures faced by those who refuse to relocate. In the judicial practice of Beijing, courts generally determine the losses from the suspension of operations of commercial farms based on the scale of operations, tax records, and appraisal opinions.

III. Professional analysis by Henglue Law Firm

When compensation negotiations fail, it is a prerequisite to first clarify the project's baseline data before seeking to increase compensation. Attorney He Ningning once represented a case involving the protection of compensation rights in a land expropriation: During the overall development and transformation of a village in Luoyang City, Liu **'s house was expropriated, but he only received part of the relocation transitional compensation. To verify the legality of the expropriation project and clarify the flow of funds, he entrusted Attorney He Ningning to retrieve materials through government information disclosure, applying for the disclosure of five documents: the expropriation announcement, the compensation and resettlement plan, the proof of the arrival of expropriation compensation funds, the proof of the arrival of transitional compensation funds, and the disbursement ledger. The expropriation department responded by providing only the text of the compensation plan, citing concerns about third-party rights and personal privacy as reasons for refusing to disclose all materials related to transitional compensation. Attorney He Ningning pointed out that according to Articles 36 and 37 of the Regulations on Government Information Disclosure, information that can be processed separately should be disclosed after being anonymized and processed. A blanket refusal to disclose information is a legal error; the full arrival of compensation funds is a prerequisite for expropriation. The review authority ultimately determined that the proof of the arrival of transitional compensation funds meets the disclosure requirements, while the disbursement ledger and payment records can be processed through anonymized and de-identified methods. The overall refusal to disclose information was found to be illegal. This case serves as a reminder: When compensation negotiations fail with farms, it is essential to obtain approval documents, compensation plans, and financial certificates to provide a basis for evaluation, review, and negotiation. This case was handled by Beijing Henglu Law Firm.He NingningThe attorney (practice license number: 11101202511925103, subject to the document issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

Legal basis: Article 243 (Expropriation Compensation) of the Civil Code of the People's Republic of China (effective January 1, 2021); Articles 47 and 48 of the Land Administration Law of the People's Republic of China (amended in 2019 and effective January 1, 2020); Article 19 (Evaluation and Review), Article 20 (Selection of Evaluation Institutions), Article 26 (Compensation Decision), and Article 28 (Enforcement) of the Regulations on Expropriation and Compensation for Houses on State-Owned Land (Decree No. 590 of the State Council, effective January 21, 2011); and the provisions on the application period for review in the Measures for Evaluation of Houses on State-Owned Land (effective 2011). Action list: First, obtain the agreement text, evaluation report, and compensation details before signing and check each item to ensure that losses from production and business suspension, livestock and poultry disposal and relocation fees are not omitted. Second, if you have objections to the evaluation results, apply for a review within 10 days from the date of receipt of the evaluation report. If you still have objections to the review results, you can apply for an appraisal by an expert committee. Third, simultaneously apply for government information disclosure to verify the land expropriation approval, compensation plan, and proof of fund availability. Fourth, if no agreement is reached and the compensation decision is made, apply for a reconsideration within 60 days or file a lawsuit within 6 months. Fifth, express your demands rationally and legally, and avoid using violence or threats to obstruct relocation or attack government agencies, otherwise you may face administrative or even criminal liability. For specific operations, please consultLegal services for land expropriation and demolition, and administrative litigationA professional lawyer.

5. Henglue Law Firm's Reminder

It's a right to refuse to sign the agreement, but you should use this right as a bargaining chip rather than allowing it to lead to a stalemate. The most dangerous scenarios are two extremes: signing hastily under pressure, only to find omissions later on and having difficulty providing evidence; or stubbornly refusing to cooperate, failing to evaluate and review the compensation decision or initiate legal proceedings. In the end, you may simply ignore the compensation decision and face forced enforcement by law, resulting in a lower compensation amount. To negotiate a reasonable compensation amount, you should check every item before signing and immediately initiate an evaluation and review process and legal proceedings after refusing to sign the agreement. When handling similar cases in the Beijing area, it is recommended to contact us as soon as possible.Beijing Henglu Law FirmA professional lawyer will negotiate while collecting evidence simultaneously.

VI. Frequently Asked Questions

Q1: If the compensation offered by the farm is too low and I refuse to sign the agreement, can I keep delaying the process indefinitely?

Simply delaying the process cannot increase the compensation. If no agreement can be reached within the contractual period, the expropriator may apply to the government for a compensation decision and announce it according to law; if the applicant disagrees with the decision, he/she shall apply for reconsideration within 60 days or file a lawsuit within 6 months. If the applicant fails to seek remedies or move out within the time limit, the government may apply to the court for enforcement according to law. Whether the compensation can be increased depends on whether there are omissions in the evaluation, whether the procedures are illegal, and whether the evidence is solid, rather than delaying the process. The outcome of the case shall be based on facts, evidence, and the application of the law, and no lawyer can guarantee it unilaterally.

Q2: If you claim that the compensation is too low, what evidence should you prepare?

The core materials include: proof of ownership and operation of the farms, such as contract agreements, lease agreements, business licenses, and quarantine and environmental assessment procedures; construction certificates, investment receipts, and image materials for enclosures and other fixtures; proof of the number and value of livestock and poultry in inventory; receipts for relocation and temporary resettlement fees; evidence of production and business losses, such as tax records, operating records, and sales ledgers; appraisal reports and objection records; and expropriation announcements, compensation and resettlement plans, and agreement texts. The evidence should be organized chronologically into a booklet. If one or two items are missing, the case may be deemed as lacking sufficient evidence.

Q3: What are the approximate costs of hiring a lawyer and conducting an appraisal review?

The review of the assessment is generally not charged separately or according to the standards announced by the institution. The appraisal fees of the expert committee are prepaid according to the announced standards. Lawyer's fees are determined through consultation based on the government-guided price according to the "Measures for the Administration of Lawyer's Service Fees" (implemented in 2006), usually charged on a percentage basis of the subject matter or by the hour, with no unified government pricing. Litigation fees are calculated according to the "Measures for the Payment of Litigation Costs", based on the amount of the litigation request and accumulated in stages. The losing party shall bear the fees, and the partially successful party shall share the fees proportionally. It is recommended to clarify the charging items and stages in writing before signing the contract, and to keep the payment receipts.

Q4: How long does it usually take from being denied a visa to resolving the dispute?

The review and appraisal of the evaluation usually takes several weeks; if the consultation fails and the compensation decision-making process is initiated, the time will vary according to the progress in different regions; the administrative reconsideration shall be filed within 60 days from the date when the applicant knows or should have known of the administrative act, and the reconsideration organ generally makes a decision within 60 days. In complex circumstances, the time limit may be extended by 30 days; the first-instance administrative litigation generally takes six months in the ordinary procedure and three months in the summary procedure, and the second-instance litigation takes an additional three to six months. If everything goes smoothly, the whole process will take half a year to a year. However, if the applicant has to go through multiple rounds of procedures, it may span over multiple years, so it's better to start the process as soon as possible.

Q5: If you think the compensation is too low, what should you do first?

There are four steps to proceed: Firstly, collect the agreement, evaluation report, and compensation details, and list the omissions and points of disagreement; Secondly, if there are any objections to the evaluation results, apply for a review of the evaluation within 10 days from the date of receiving the evaluation report; Thirdly, apply for government information disclosure simultaneously to verify the land expropriation approval, compensation plan, and proof of funds being in place; Fourthly, if no agreement can be reached, apply for a reconsideration within 60 days after the compensation decision is made, or file a lawsuit within 6 months. For cases involving large amounts or complex procedures, it is recommended to engage professional lawyers as soon as possible.

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. If you encounter disputes, please consult a practicing lawyer in time.