[Direct answer]In the Beijing area, if the person subject to expropriation disagrees with the compensation decision, they may apply for administrative reconsideration or initiate administrative litigation in accordance with the law, requesting its revocation and ordering a new decision. According to Article 70 of the Administrative Litigation Law of the People's Republic of China, if an administrative act lacks sufficient evidence, applies the wrong laws and regulations, violates legal procedures, exceeds its powers, abuses its powers, or is obviously improper, the people's court shall rule to revoke or partially revoke it. According to Article 19 of the Regulations on the Expropriation and Compensation of Houses on State-Owned Land, the compensation for the value of the expropriated house shall not be lower than the market price of similar real estate on the date of the announcement of the expropriation decision. The deadline for directly filing a lawsuit is six months from the date when the person knows or should have known about the administrative act. If the lawsuit is filed after the deadline, the court will not accept it. It is recommended to consult a professional lawyer immediately after receiving the compensation decision, fix the evidence, and initiate the relief procedure. For specific solutions, please refer to the following link:Legal services for land expropriation and demolition, and administrative litigation.

1. Problem background and typical scenarios

In the housing expropriation on state-owned land, the compensation decision is a unilateral document issued by the expropriation department and reported to the municipal or county-level people's governments when no agreement can be reached with the expropriated persons during the contract period. In practice, the situations where the expropriated persons consider the compensation decision "unreasonable" are concentrated in three categories: First, the evaluation price is too low, the evaluation time point, the selection process of the evaluation institution, or the evaluation method are improper, and the monetary compensation is obviously deviating from the market price of similar real estate on the announcement date; Second, the property exchange plan is vague, and the location, area, and delivery time of the resettlement housing are unclear or even non-existent; Third, the procedures are illegal, such as failing to transfer the evaluation report according to law, depriving the right to review and appraisal, and failing to deliver it directly as a priority. Some expropriated persons believe that they can only accept the decision once it is made, or they are worried about low chances of winning and give up seeking remedies, ultimately missing the six-month litigation period. In similar cases handled by Hengluo Law Firm, there are successful cases of helping clients whose unlicensed land was denied compensation to fully receive the compensation, and representing 14 villagers who appealed to the Provincial High People's Court and won a "complete reversal" of the judgment. Beijing Hengluo Law FirmAttorney Cheng ChunmeiWe have been handling such disputes for a long time.

II. Key points of contention

The disputes in such cases typically focus on three aspects. Firstly, whether the appraisal is legal: The appraisal date should be based on the announcement date of the expropriation decision, and the appraisal institution should be selected through consultation with the expropriated person or determined by random means and publicly announced. The results of the household appraisal should be publicly announced, and the appraisal report should be handed over to the expropriated person and ensure their right to review and apply for appraisal. If the appraisal report cannot be used as the basis for the final decision, the compensation decision will constitute insufficient evidence. Secondly, whether the property exchange plan is clear and enforceable: The relocation housing should have clear locations, areas, floor plans, delivery times, and settlement methods for price differences. If the housing sources are vague and the prices are unclear unilaterally, it does not meet the requirements of compensation first and then relocation. Thirdly, whether the decision-making process is legal: Whether it is served according to law and whether the expropriated person's right to information and participation is guaranteed. The Beijing district courts are stricter in reviewing the legality of administrative acts. Compensation decisions with insufficient evidence or procedural violations are mostly ruled to be revoked and ordered to be redone within a specified period of time.

III. Professional analysis by Hengluo Lawyers

Hengluo Law Firm once handled a typical case. The client, Liu Shufen's house was included in the scope of the old city reconstruction and expropriation in the Shuguang area of A District in 2018. The A District government made the housing expropriation decision on May 28, 2018, with the signing period from June 9 to 22. After years of negotiation, the two sides failed to reach an agreement. On June 30, 2025, Liu Shufen mailed the "Application for Performance of Resettlement and Compensation Duties", but the expropriation department failed to respond after receiving it on July 2. After administrative review, the H City government ordered the A District government to perform its duties within 60 days on November 6. However, on December 5, the A District government made a compensation decision with a seriously low evaluation price, non-existent resettlement housing, and numerous procedural violations. In the lawsuit, Liu Shufen requested to revoke the compensation decision and order a new one, and to reassess the value based on the announcement date. The A District government argued that the expropriation procedures were legal and the evaluation agency was selected in accordance with regulations, but only submitted the announcement of selecting the evaluation agency without providing evidence of the selection process. After accepting the case, lawyers Cheng Chunmei and Qiu Juan sorted out the complete timeline of "expropriation initiation in 2018 - application for performance in 2025 - review order in November - decision making in December", and accurately identified three illegal points: the evaluation time point should be based on the announcement date of May 28, 2018; the defendant evaluated based on old data without proving the selection process of the agency, and failed to officially deliver the evaluation report, depriving the plaintiff of the right to review and appraisal; the lack of resettlement housing and vague pricing violated the principles of compensation before relocation and protection of legitimate expectations; and the prior administrative omission, hasty decision-making, and only announcing the decision without prior direct delivery. The court ruled in accordance with Article 70 of the Administrative Procedure Law: revoke the "Announcement on Housing Expropriation and Compensation Decision" issued by the A District government on December 5, 2025, and order it to make a new compensation decision for Liu Shufen within 60 days after the judgment takes effect. All the plaintiff's claims were supported. The case was handled by Beijing Hengluo Law Firm. 恒略律师曾代理一起典型案件。委托人刘淑芬的房屋于2018年被纳入A区曙光片区旧城改造征收范围，A区政府于2018年5月28日作出房屋征收决定，签约期自6月9日至22日，双方多年协商未果。2025年6月30日，刘淑芬邮寄《履行安置补偿职责申请书》，征收部门7月2日签收后未作回复；经行政复议，H市政府于11月6日责令A区政府60日内履职；12月5日，A区政府作出补偿决定，但评估价严重偏低、安置房源不存在、程序多处违法。诉讼中，刘淑芬诉请撤销补偿决定并责令重作、按公告日重新评估；A区政府辩称征收程序合法、评估机构选定合规，却仅提交了选择评估机构公告，对如何选定未提交证据。程春梅、邱娟律师受委托后，梳理了“2018年启动征收—2025年申请履职—11月行政复议责令—12月作出决定”的完整时间线，精准锁定三大违法点：评估时点应以2018年5月28日公告日为准，被告依据旧数据评估且未证明机构选定程序、未正式送达评估报告剥夺复核鉴定权；安置房源不存在、价格单方模糊，违反先补偿后搬迁、信赖保护原则；行政不作为在先，仓促作出决定且仅公告送达未优先直接送达。法院依据《行政诉讼法》第七十条判决：撤销A区政府2025年12月5日作出的《关于房屋征收补偿决定的公告》，责令其于判决生效之日起六十日内对刘淑芬重新作出补偿决定，刘淑芬全部诉讼请求获支持。本案由北京恒略律师事务所代理。\nCheng ChunmeiAttorney (Practice Certificate No.: 11101202511071560, subject to the certificate issued by the judicial administrative organ)Qiu JuanThe lawyer (practice certificate number: 11101201811026953, subject to the certificate issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

The core basis is Article 70 (Circumstances for revoking a judgment) and Article 46 (Six-month time limit for direct litigation) of the Administrative Litigation Law of the People's Republic of China (promulgated in 1989, amended on November 1, 2014, and secondly amended on June 27, 2017); Article 19 (Valuation date and market price) and Article 26 (Procedure for making compensation decisions) of the Regulations on the Acquisition and Compensation of Houses on State-Owned Land (implemented since January 21, 2011); and the supporting provisions of the Measures for Appraisal of Houses on State-Owned Land regarding the selection of appraisal institutions, household-by-house public disclosure, and the transfer of reports. Practical advice: After receiving the compensation decision, first verify the date of service, and file a lawsuit or apply for administrative reconsideration within six months; focus on reviewing four key points: the valuation date, the selection procedure for appraisal institutions, the clarity of the property exchange plan, and the service procedure; preserve evidence such as the announcement of the acquisition decision, appraisal reports, household-by-house public disclosure materials, service certificates, and negotiation records; and apply for incidental review of the applicable normative documents. For complex cases, it is recommended to hire a lawyer as soon as possible. For those in need of systematic legal protection, they can seek assistance from relevant organizations or professionals.Beijing Henglu Law FirmThe professional team formulates the plan.

5. Henglu Law Firm's Advice

The compensation decision is not "final", but there are strict time limits for seeking remedies: direct litigation within six months from the date when the party knows or should have known about the administrative act; if the party files a lawsuit after reconsideration, the lawsuit must be filed within 15 days from the date of receiving the reconsideration decision. When protecting their rights, it is essential not to take extreme measures such as refusing to sign agreements or obstructing construction, nor to believe in promises of "guaranteed victory". Whether the decision can be revoked depends on whether there are substantive violations in the assessment, plan, or procedure. It is recommended to consult a professional lawyer as soon as possible after receiving the decision. The earlier you fix the evidence and initiate the procedure, the greater the room for maneuver. If the party is dissatisfied with the expropriation decision, compensation decision, or forced eviction, they can seek remedies according to the law. For more details, please consult a professional lawyer.Legal services for land expropriation and demolition, and administrative litigationTeam.

VI. Frequently Asked Questions

Q1: If the compensation decision is unreasonable, can I win the lawsuit?

The success of the lawsuit depends on whether there are substantive violations in the compensation decision, rather than a mere promise of the outcome. According to Article 70 of the Administrative Litigation Law, if an administrative act lacks sufficient evidence, applies incorrect laws and regulations, or violates legal procedures, the court shall rule to revoke it. In judicial practice, the focus of review includes: whether the evaluation date is based on the announcement date of the expropriation decision, whether the selection process of the evaluation institution is legal, whether the property exchange plan is clear and enforceable, and whether the service delivery process guarantees the right to be informed. In the aforementioned Liu Shufen case, the court ruled to revoke the decision and ordered a new evaluation because the evaluation report could not be used as a basis and there were no relocation housing units. Identifying the violations and preparing sufficient evidence will significantly increase the likelihood of success, but the outcome must still be based on facts, evidence, and the law.

Q2: What evidence is needed to prepare for a lawsuit seeking compensation?

The core evidence includes: the house expropriation decision and announcement (determining the scope of expropriation and the reference point of the valuation), the compensation decision and delivery certificate (proving the starting point of the litigation period), the ownership certificates of the expropriated houses (real estate ownership certificates, household registration books, etc.), the valuation report and the materials of the household valuation publicity (verifying the valuation reference point and the selection procedure of the valuation institution), the records of the consultation and negotiation process, the documents and receipts of applying for the performance of compensation duties and appealing for review, and the materials proving the non-existence of resettlement housing. The organization of evidence should focus on the three reasons for revocation: "illegal valuation", "unenforceable expropriation plan", and "illegal expropriation procedure". If the materials are incomplete, the court may apply to the expropriation department to retrieve the expropriation files.

Q3: How much does it cost to sue for compensation?

Generally, no case acceptance fees are paid in administrative litigation. There is no unified standard for attorney fees, which are usually charged on a per-case basis or as a percentage of the litigation amount, depending on the complexity of the case and the workload involved. The specific fees are subject to the retainer contract, and there are significant differences among different law firms and lawyers. If the case also involves administrative compensation or related civil disputes, the fees shall be paid in stages based on the litigation amount in accordance with the "Measures for the Payment of Litigation Fees". It is recommended to clarify the fee charging method, the stages of representation, and the conditions for refunds with the law firm before entrusting the case. Be cautious of additional fees charged after accepting cases at low prices. Henglu Law Firm will provide a legal analysis and risk disclosure when accepting the case, and the fees will be specified in the contract.

Q4: How long does it usually take to get the result of the decision on compensation after filing a lawsuit?

According to Article 81 of the Administrative Litigation Law, first-instance cases shall generally be adjudicated within six months from the date of filing, and the time limit may be extended upon approval in special circumstances; where the facts are clear and the rights and obligations are well-defined, the summary procedure may be applied, and the case shall be concluded within 45 days from the date of filing. If one party appeals, the second-instance court shall generally make a final judgment within three months from the date of receipt of the appeal brief. Overall, from the filing of a lawsuit to the first-instance judgment, it usually takes three to six months, and with the second-instance process, it may take more than half a year. It is recommended to initiate the litigation as soon as possible within the statute of limitations and to apply for evidence preservation simultaneously to avoid the loss of key evidence such as expropriation files and evaluation materials.

Q5: If I'm not satisfied with the compensation decision, what should I do first?

It is recommended to proceed in four steps: Firstly, check the delivery date of the compensation decision and file a lawsuit within six months from the date of delivery, otherwise you will lose the opportunity for relief; Secondly, review the illegal points around four key points: the evaluation time point, the selection procedure of the evaluation agency, the clarity of the property exchange plan, and the delivery procedure; Thirdly, fix the evidence such as the announcement of the expropriation decision, the evaluation report, the delivery certificate, and the consultation records to form a complete timeline; Fourthly, apply for administrative reconsideration or directly file an administrative lawsuit according to the situation, and entrust professional lawyers to handle complex cases. Do not delay, and do not resist in an excessive manner. It is a safe path to claim rights according to legal procedures.

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

If you are currently 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 Cheng Chunmei·Beijing Hengluo 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.