[Direct answer]If you believe that the compensation for expropriation is unreasonable, you can protect your rights in three steps: First, focus on the appraisal. If you have objections to the appraisal report, you can apply for a review of the appraisal within 10 days from the date of receipt. If you still have objections to the review result, you can apply for an appraisal by the expert committee; Second, go through the relief procedure. If you are not satisfied with the compensation decision made by the government, you can apply for administrative reconsideration within 60 days or file an administrative lawsuit within 6 months; Third, stick to the bottom line and adhere to the principle of "compensation first, relocation later". Houses that have not signed an agreement or received compensation cannot be forcibly demolished. The compensation should include the value of the house, relocation and temporary resettlement, and losses of production and business suspension, etc. The compensation for the value of the house shall not be lower than the market price of similar real estate at the date of announcement of the expropriation decision (Articles 2, 17, and 19 of the Regulations on Expropriation and Compensation of Houses on State-Owned Land). It is recommended to entrust a lawyer as soon as possible to identify the illegal points in the appraisal and procedures. For more details, please refer to the following link:Land expropriation and demolition legal servicesAndBeijing Henglue Law Firm.

I. Legal basis and interpretation of provisions

1. Articles 2, 17, and 19 of the Regulations on the Acquisition and Compensation of Houses on State-Owned Land (implemented on January 21, 2011)

Article 2 establishes the precondition of "fair compensation for the public interest"; Article 17 lists the compensation items: compensation for the value of the house being expropriated, compensation for relocation and temporary resettlement, compensation for losses from suspension of production and business, and subsidies and rewards set by the municipal and county governments; Article 19 specifies that the compensation for the value of the house being expropriated shall not be lower than the market price of similar real estate on the date of the announcement of the expropriation decision. Accordingly, if the compensation standard is too low, it is an illegal state, and the expropriated persons have the right to request an assessment based on the market price and full compensation, which is the value basis for all rights protection claims.

2. Article 46 and Article 70 of the Administrative Litigation Law of the People's Republic of China (amended and implemented on July 1, 2017)

Article 46 stipulates that those who directly file a lawsuit with the court shall do so within six months from the date they know or should have known about the administrative act; Article 70 stipulates that if the administrative act lacks main evidence, applies the wrong laws and regulations, violates legal procedures, exceeds the scope of authority, abuses authority, or is obviously improper, it shall be ruled to be revoked or partially revoked. Accordingly, if one disagrees with the compensation decision, the decision to order the handover of land, etc., it is necessary to file a lawsuit within the time limit; the court's review often focuses on whether the assessment procedure guarantees the right to information and the right to review, and whether it violates the principle of compensation before relocation.

3. The interpretation of practical cases (the understanding of the court and the reviewing authority)

In practice, courts review expropriation compensation cases along three main lines: First, they examine the evaluation process to determine whether there are flaws in the selection of evaluation agencies, the delivery of evaluation reports, and the protection of the right to review. Procedural violations may lead to the revocation of compensation decisions. Second, they focus on the principle of "compensation before relocation". If no compensation decisions are made or compensation is not provided according to law before ordering land surrender or forced demolition, such actions are generally not supported. Third, they review the fulfillment of compensation obligations. If administrative authorities fail to perform their duties or directly refuse compensation on grounds such as "land nature", the review authorities and courts may revoke the responses and order the authorities to handle the cases again within a specified time limit. Delaying in asserting rights may result in the loss of evidence. It is more beneficial to fix agreements, evaluation reports, and correspondence as early as possible.

II. Henglue Law Firm's Real Cases (Detailed Review)

Review of the case:In February 2009, A Industrial Co., Ltd. won a 13,000-square-meter plot of land and aboveground buildings in Shuguang Village, B District, City A, through a public auction for a total price of 1.4731 million yuan. Among this land, 3,953 square meters were state-owned commercial service land with certificates. In 2011, the land was included in the expropriation plan. A Company signed the "Urban Housing Monetary Compensation and Resettlement Agreement" with the district office, but only received compensation for the aboveground buildings, and the land itself was never compensated. In November of the same year, the district office issued the "Supplementary Explanation on Land Expropriation and Demolition", promising to settle the land issue within two months, but failed to fulfill its promise. During this period, municipal projects were built without authorization, resulting in the loss of development conditions for the land. Over the past decade, the land appraisal value has risen from 12.44 million yuan to 16.31 million yuan. In May 2025, A Company applied to the district government to fulfill its compensation and resettlement responsibilities, but the district government refused in writing on December 9 of the same year, citing "the inability to compensate for state-owned land allocated free of charge". A Company then entrusted Beijing Henglu Law Firm to handle the case.Zhai Chao LiThe lawyer applied for administrative reconsideration to the municipal people's government.

The focus of the controversy:First, whether the state-owned land allocated should be compensated according to law when it is expropriated; second, whether the applicant can be held responsible for the fact that the land has not gone through the transfer formalities; third, whether the district government's refusal to respond violates the previously effective administrative review decisions.

Our position and the position of the other party are as follows:Applicants who obtain land use rights through legal auctions and hold the original land use certificates of state-owned land shall be entitled to fair compensation for land in accordance with the law; the district government cites Article 46 of the Land Management Law to assert its authority and, based on the provisions of the "Interim Regulations on the Transfer and Assignment of State-Owned Urban Land Use Rights" regarding "free recovery", argues that state-owned land allocated free of charge cannot be subject to compensation for expropriation.

Attorney's Strategy and Legal Opinions:Attorney Xi Chao Li put forward four points of agency opinion: Firstly, both the transaction confirmation letter and the delivery confirmation letter record that the buyer is A Company, and the district government confused the identity of the buyer, making a factual determination error; Secondly, Article 2 of the "Regulations on the Acquisition and Compensation of Houses on State-Owned Land" clearly stipulates that the acquisition of houses on state-owned land should be given fair compensation, and the assigned land use rights belong to property rights. The district government confused the two different legal relationships of "stop using and recovering" and "state acquisition"; Thirdly, the land was acquired in 2011, and the conditions for transferring ownership were lost due to the acquisition. The failure to transfer ownership cannot be attributed to the applicant. The auction-agreed land transfer fees can be legally deducted in the settlement, rather than being a reason to refuse compensation; Fourthly, the municipal government had already issued a valid reconsideration decision, but the district government directly refused to implement it, which constitutes a refusal to perform a valid administrative decision.

The court's reasoning and case handling results:The municipal people's government, after reviewing and adopting the core opinions of Attorney Xie Chao Li, made a decision on reconsideration: to revoke the "Reply on Fulfilling the Duties of Compensation and Resettlement" issued by the B District government on December 9, 2025, and ordered it to handle the compensation and resettlement applications again within 60 days. After more than a decade of delay, a key breakthrough has been made in protecting land compensation rights, laying a foundation for subsequent compensation implementation. This case shows that when compensation is unreasonable or rejected, administrative reconsideration is an efficient and low-cost remedy path. The key is to identify errors in fact determination and legal application.

This case is handled by Beijing Henglu Law Firm.Zhi Chao LiThe attorney (practice license number: 11101202311629788, subject to the document issued by the judicial administrative organ) acts as the agent.

III. Frequently Asked Questions

Q1: What should I do if I disagree with the assessed value of the house?

Within 10 days from the date of receiving the evaluation report, you can apply to the original real estate price evaluation agency in writing for a review of the evaluation, pointing out issues such as the valuation date, comparison examples, and area determination. If you still have objections to the review results, you can apply to the appraisal expert committee for an appraisal within 10 days from the date of receiving the review results. The review and appraisal opinions are the core evidence for subsequent reconsideration and litigation. Do not remain silent after receiving the report and wait until the compensation decision is made to raise objections. It will be much more difficult to reverse the decision at that point.

Q2: Will I be subject to forced demolition if I don't sign the compensation agreement?

According to Articles 27 and 28 of the Regulations on the Acquisition and Compensation of Houses on State-Owned Land, the implementation of house acquisition shall be compensated first and then relocated. If the person being acquired does not apply for administrative reconsideration, initiate administrative litigation, or relocate within the statutory time limit, the government shall apply to the people's court for compulsory enforcement according to law, and cannot demolish the house by itself. Therefore, exercising the rights of reconsideration and litigation in a timely manner is an important means of protecting the house; for illegal demolition, one can also request to confirm the illegality of the act and claim compensation.

Q3: What is the time limit for seeking remedies if one disagrees with the compensation decision?

If you disagree with the compensation decision made by the municipal and county governments, you can apply for administrative reconsideration within 60 days from the date you learn of the decision, or file an administrative lawsuit within 6 months from the date you learn of it. You can choose either path first. For subsequent actions such as ordering the surrender of land and forced enforcement, they are also subject to their respective time limits. Once the time limit for seeking remedies has passed, the compensation decision may enter the forced enforcement process. It is essential to take action within the time limit. If you are unsure, consult a lawyer immediately.

Q4: What items are generally included in the compensation for expropriation?

According to Article 17 of the "Regulations on the Acquisition and Compensation of Houses on State-Owned Land", the compensation includes the compensation for the value of the houses to be acquired, the compensation for the relocation and temporary resettlement caused by the acquisition of the houses, the compensation for the loss of production and business suspension, as well as the subsidies and rewards set by the municipal and county governments. The compensation for the value of the houses shall not be less than the market price of similar real estate on the date of the announcement of the acquisition decision. For commercial premises, attention should also be paid to the evaluation of the added value of decoration and furnishings, the cost of equipment relocation, and the loss of production and business suspension. Lessees also have the right to claim corresponding benefits.

Q5: Can I still claim compensation after years of delay?

Yes, but it is necessary to fix the evidence as soon as possible and restart the procedure. To continuously assert rights, retain agreements, evaluation reports, response letters, and other materials, you can first apply to the administrative authority to perform its compensation and resettlement duties. If the response is refused or delayed, you can apply to the higher-level government for administrative reconsideration or initiate administrative litigation. In practice, there are cases that have been delayed for more than ten years. After the reconsideration, the illegal response was revoked, and the administrative authority was ordered to handle the case again within 60 days. The longer the delay, the harder it is to collect evidence, and the more professional organization is needed rather than passive waiting.

IV. Suggestions for Protecting Rights

  • After receiving the appraisal report, first check the valuation date, area, and comparison examples. Apply for a review within 10 days, and don't sign the agreement hastily.
  • For compensation decisions and decisions ordering the surrender of land, remember the two deadlines of 60 days for reconsideration and 6 months for litigation. If the deadline is exceeded, the right to appeal will be lost.
  • Insist on compensation before relocation, refuse to move out on their own before signing an agreement and receiving compensation, and at the same time, preserve evidence of the house, decoration, and equipment.
  • If the government refuses to provide compensation on grounds such as "the nature of the land", applicants should promptly request the government to fulfill its obligations and initiate a reconsideration procedure to compel the government to comply with the law. Oral promises should not be substituted for written decisions in this context.
  • As soon as possible, entrust a professional land expropriation and demolition lawyer to sort out the administrative violations, have the lawyer draft the documents for reconsideration and litigation, and fix the evidence throughout the whole process.

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