[Direct answer]The compensation standard for expropriation is too low, and the expropriated persons have the right to refuse to sign the agreement. Refusing to sign is not illegal, and they will not be subject to forced demolition just because they refuse to sign. The key is to take legal action after refusing to sign: According to Article 19 of the "Regulations on the Expropriation and Compensation of Houses on State-Owned Land", the compensation shall not be lower than the market price of similar real estate on the date of the announcement of the expropriation decision; Article 27 establishes the principle of "compensation first, relocation later". Before obtaining reasonable compensation, no unit may cut off water and electricity or use violent threats to force relocation. The correct approach is to apply for government information disclosure to verify the legality of the expropriation at the same time, and to apply for reconsideration of the illegal compensation decision and the decision to order the surrender of land within 60 days or to sue within 6 months, so as to promote fair compensation through legal procedures. Beijing Henglue Law FirmLand expropriation and demolition administrative litigation teamIt can assist in the evaluation. For more details, please refer to the following link:Beijing Henglue Law Firm.

I. Legal basis and interpretation of provisions

1. Articles 19 and 27 of the Regulations on the Acquisition and Compensation of Houses on State-Owned Land (effective January 21, 2011)

Article 19 stipulates that 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 house expropriation decision. This is the statutory minimum standard for measuring the level of compensation. The procedures for selecting appraisers, appraisal methods, and review procedures must all safeguard the rights of the expropriated persons in accordance with the law. Article 27 establishes the principle of compensation first and relocation later, and prohibits forced relocation by illegal means such as violence, threats, or cutting off water and electricity. Accordingly, refusing to sign the compensation agreement when the compensation is obviously lower than the market price is a statutory right. Administrative authorities cannot bypass the statutory procedures and proceed with forced demolition directly on the grounds of refusal to sign the agreement. Otherwise, the subsequent actions may be confirmed as illegal and trigger state compensation.

2. Article 62 of the Implementing Regulations of the Land Administration Law of the People's Republic of China (effective as of September 1, 2021)

Anyone who violates laws and regulations on land management and obstructs the state's land expropriation for construction shall be ordered by local governments at or above the county level to surrender the land; if they refuse to surrender the land, the local government shall apply to the people's court for compulsory enforcement in accordance with the law. This means that even if the owner refuses to sign the agreement and refuses to vacate the land, the administrative authorities cannot demolish or forcibly clear the land on their own. They must make a decision to order the surrender of the land in accordance with legal procedures and after obtaining reasonable compensation, and then apply to the court for enforcement. The court usually reviews the case based on three prerequisites: the plan has been approved, the procedures are legal, and the owner has received reasonable compensation or refuses to accept the compensation without a legitimate reason.

3. Practical adjudication guidelines (legal review after visa refusal)

In practice, courts review refusal cases based on three aspects: evaluating whether the procedure guarantees the right to information and the right to review. Failure to deliver the assessment report or publicize the results often constitutes a procedural violation; ensuring that compensation and resettlement are implemented in the order of compensation first and relocation afterwards. If the compensation decision is not made before forced demolition or is revoked due to insufficient evidence and then the land handover is proceeded with, it is generally not supported; and determining whether the decision to order land handover lacks key evidence. The most common pitfall is refusing to sign without taking any action, neither applying for information disclosure nor seeking legal remedies within the time limit, and only rushing to protect rights after forced demolition, which greatly increases the difficulty of providing evidence. Grasping the 60-day time limit for reconsideration and the 6-month time limit for litigation is the key to the success of the refusal strategy.

II. Henglue Lawyer's Real Cases (Detailed Review)

Review of the case:In the spring of 2022, the Shuguang Village in A City, Shaanxi Province, initiated the expropriation process for the transformation of shantytowns. Zhang Jun's house located at No. 56, Group 4 of Shuguang Village was the only shelter for his family of five. Zhang Jun believed that the expropriation process was not transparent and the compensation standards were unreasonable. After failed negotiations multiple times, he refused to sign the agreement. On April 11, 2022, the A District government announced the "Expropriation Decision", which was later confirmed as illegal by the First Intermediate Court of W City in the first instance and upheld by the Shaanxi Provincial High Court in the second instance. On August 12, 2024, the district government issued the "Expropriation and Compensation Decision" to Zhang Jun, offering property exchange or monetary compensation; on September 18 of the same year, it issued the "Order to Surrender Land Decision" on the grounds that Zhang Jun "failed to vacate the property within the prescribed time limit and affected the construction of the project", ordering him to demolish the house and surrender the land within 10 days. Zhang Jun entrusted the Beijing Henglue Law Firm to handle the case.文品良The lawyer filed a lawsuit and requested the revocation of the decision letter.

The focus of the controversy:First, can the "Expropriation Decision" that has been confirmed as illegal by a valid judgment continue to serve as the basis for compensation and land surrender? Second, do the selection of appraisers and the valuation of the house ensure the right of the expropriated person to be informed and to raise objections? Third, is it a violation of the principle of "compensation first, relocation later" to order the surrender of the land without providing reasonable compensation to Zhang Jun?

Our position and the other party's position are as follows:Zhang Jun argued that the "Decision on Ordering the Surrender of Land" was based on illegal grounds and violated legal procedures, and requested its revocation in accordance with the law. The district government argued that the expropriation procedures were complete and legal. Although the "Expropriation Decision" was confirmed to be illegal, it was still valid since it had not been revoked. The compensation plan was formulated in accordance with the then-applicable methods and was fair in content, and the farmers had been included in the social security system.

Attorney's Strategy and Legal Opinion:Attorney Wen Pinliang established the core goal of revoking the decision to order the surrender of the land and put forward four points of legal advice: Firstly, the "Expropriation Compensation Decision" and the "Decision to Order the Surrender of Land" were based on the "Expropriation Decision", which was confirmed to be illegal by the effective judgment and should no longer be used as a basis; Secondly, the evaluation process was not transparent. Zhang Jun did not receive the notice of recommendation from the appraisal agency, the recommendation form and the evaluation report, and lost the right to review; Thirdly, the compensation and resettlement plan process was illegal and unfair compared with other expropriated people, and his living standard has dropped significantly; Fourthly, Zhang Jun did not obstruct the construction illegally and has not received reasonable compensation so far. The decision to order the surrender of the land violates the principle of compensation before relocation.

The court's reasoning and the outcome of the case:The Intermediate Court of W City held that the order to surrender the land must meet three prerequisites: the expropriation plan must be approved in accordance with the law, the expropriation procedure must be lawful, and the expropriated person must have received reasonable compensation or refused to accept compensation without a valid reason. In this case, although the district government issued the "Expropriation and Compensation Decision", the decision was revoked by the court due to insufficient main evidence such as the determination of the house value. Zhang Jun has not received reasonable compensation so far, which clearly violates the principle of compensation before relocation. The "Order to Surrender the Land" lacks sufficient evidence and should be revoked according to law. The court ultimately ruled to revoke the "Order to Surrender the Land" No. * of Xian* Zhengfang Zhengque [2024], and the defendant shall bear the acceptance fee of 50 yuan. Zhang Jun has preserved his house and negotiation space, confirming that the court does not support the order to surrender the land without reasonable compensation.

This case is handled by Beijing Henglu Law Firm.文品良The attorney (practice license number: 11101201910111365, subject to the document issued by the judicial administrative organ) acts as the agent.

III. Frequently Asked Questions

Q1: Will the compensation agreement be directly enforced if it is rejected?

No. There are strict procedures preceding legal forced demolitions: for houses on state-owned land, the municipal or county governments must first make a compensation decision. If the land expropriated persons do not file for reconsideration, initiate litigation, or relocate within the statutory time limit, the government can apply to the court for forced execution in accordance with the law; for collective land, a decision to order land surrender must be made on the basis of legal procedures and reasonable compensation, and then the government can apply to the court for enforcement. The government's forced demolitions and evictions beyond its authority can be sued to confirm the illegality and claim compensation. The case in this article is a typical example of the government's self-initiated actions being corrected.

Q2: At what level is the compensation considered unreasonably low?

It can be measured from three aspects: the housing on state-owned land shall not be lower than the similar real estate market price on the date of the announcement of the expropriation decision; the land compensation fee and resettlement assistance fee on collective land shall be determined according to the comprehensive land price of the district announced by the province, ensuring that the original living standard will not be reduced; at the procedural level, the appraisal institutions shall be selected in accordance with the law, and the reports shall be delivered and the right to review shall be guaranteed. If the compensation is obviously lower than the surrounding market price, the report is not delivered, or the standards have not been updated for many years, it can be claimed that it is unreasonable and require a re-evaluation and processing.

Q3: How long do I have to take legal action after being denied a visa?

After the rejection of the application, the administrative organ usually makes a compensation decision or an order to surrender the land. These documents are the objects of relief. According to the "Administrative Review Law", the applicant may apply for review within 60 days from the date of knowing the administrative act; according to the "Administrative Litigation Law", the applicant may directly file a lawsuit within 6 months from the date of knowing the administrative act. If the applicant is not satisfied with the review decision, he/she shall file a lawsuit within 15 days from the receipt of the review decision. Upon receiving the documents of limited time for eviction and order to surrender the land, the applicant should immediately consult a lawyer. Otherwise, he/she will lose the opportunity to revoke the decision, and the rejection of the application will instead turn into a passive situation of being demolished without any recourse.

Q4: Can a visa refusal really increase the compensation amount?

There is indeed room for protecting rights according to the law: by checking and verifying the approval documents for information disclosure, the red line map, and the availability of funds, we can identify illegal issues such as approving too little and occupying too much; by applying for a review of the appraisal report and appraisal, we can correct the underestimation; after the revocation of the illegal documents and the withdrawal of the litigation, the government must handle the case again, and the compensation plan is often adjusted accordingly. The case in this article is about revoking the illegal decision to protect the house, which is a bargaining chip for negotiation. However, refusing to sign the agreement itself does not generate compensation. Negotiations must be supported by procedural results, and simply stalling is not a way to protect rights.

Q5: What should I do if my water and electricity are cut off during the visa rejection period?

Article 27 of the "Regulations on the Acquisition and Compensation of Houses on State-Owned Land" clearly prohibits forced evictions by illegal means such as cutting off water and electricity and blocking roads. If such situations occur, victims should immediately record videos and photos, call the police to preserve evidence, and file a written complaint with the housing acquisition department. If necessary, they can also request confirmation of the illegality and seek compensation; those who are forced to move out by coercion, such as students and the elderly, can also report the matter to the discipline inspection and supervision authorities. By using multiple methods simultaneously, victims can not only mitigate losses but also increase their bargaining power in negotiations.

IV. Suggestions for Protecting Rights and Interests

  • First, if you believe that the compensation is too low, you should apply for information disclosure in writing, retrieve the approval documents, the compensation plan, and the proof of funds, and verify the legality of the expropriation before determining the negotiation strategy.
  • A refusal to issue a visa does not mean inaction: you must apply for a review of the compensation decision or a decision ordering the surrender of land within 60 days, or file a lawsuit within six months.
  • Upon receiving the assessment report, check it immediately. If you believe the valuation is too low, you should apply for a review within 10 days in accordance with the "Measures for the Assessment of Houses on State-Owned Land". Don't miss the objection period.
  • In the event of water and electricity cuts or harassment and forced eviction, immediately record the situation with audio and video, call the police to leave evidence, and then negotiate with the authorities. Do not resort to illegal means to resist.
  • For expropriation projects involving large amounts of money and complex procedures, it is advisable to entrust a professional to handle them as soon as possibleAdministrative litigation over land expropriation and demolitionThe professional team oversees the entire process.

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 Wen Pinliang·Beijing Henglue Law Firm