[Direct answer]You can file a lawsuit, but you must do so within the statutory time limit. According to Article 20 of the Administrative Review Law of the People's Republic of China (effective January 1, 2024), you can apply for administrative review within 60 days from the date you learn of the decision; or according to Article 46 of the Administrative Litigation Law of the People's Republic of China (effective May 1, 2015), you can initiate administrative litigation within six months. If you fail to file for review, initiate litigation, or relocate within the time limit, the government will apply to the court for enforcement in accordance with Article 28 of the Regulations on the Acquisition and Compensation of Houses on State-Owned Land (effective January 21, 2011). If the decision is determined to be illegal or the procedure is found to be in violation of the law, you can request its revocation. For more details, please refer to the relevant provisions.Legal services for land expropriation and demolition, and administrative litigationAndBeijing Henglu Law Firm.

1. Problem background and typical scenarios

The compensation and resettlement decision is a turning point in the expropriation process when an agreement cannot be reached: in collective land expropriation, the government makes a decision on land expropriation compensation and resettlement; in the expropriation of houses on state-owned land, a decision on housing expropriation compensation is made. The decision letter specifies the compensation method, amount, and relocation deadline, and often includes a reminder that "if there is no review or lawsuit within the time limit, the government will apply for forced execution". Many parties mistakenly believe that "they have to move whether they sign it or not" and "litigation is useless", so they ignore the decision letter. As a result, after the review and litigation time limits expire, they face judicial forced evictions directly. Some people also mistakenly believe that suing can stop the eviction and delay the evaluation of objections blindly. The 60-day and 6-month periods at the decision letter stage are the most important procedural windows for protecting rights in expropriation.

II. Key points of contention

  • The statute of limitations for prosecution and the delivery of the judgment: The start dates of the statute of limitations for face-to-face delivery, mail delivery, and public announcement delivery are different. If the statute of limitations is miscalculated, the right to relief will be lost. The receipt records and delivery certificates must be checked immediately.
  • Review of the legality of the decision: Evaluating whether the selection of the appraisal institution is legal, whether the appraisal time and the report have been delivered and the right to review is guaranteed, whether the monetary compensation and the right to choose property exchange are guaranteed, and whether the compensation is significantly lower than the market price are all core review points.
  • The relationship between litigation and relocation: If a lawsuit is filed within the statutory time limit, the government shall not apply for forced execution directly. The judgment directly determines the amount of compensation and the destination of the house, which can be combined with other factors.Real estate sales and construction project servicesVerify the basis for assessing the value of the house.

III. Professional analysis by Henglue Lawyers

Every step in the decision-making process may be illegal, and there is indeed room for appealing for revocation. In a case handled by Henglue Law Firm, Zhang Jun (a pseudonym), a villager from Shuguang Village in A City, Shaanxi Province, had his residential land and house included in the demolition plan for shantytown renovation in the spring of 2022. However, he refused to sign the agreement due to the lack of transparency in the demolition process and unreasonable compensation standards. On April 11, 2022, the district government issued a "Demolition Decision", which was later confirmed by the court as illegal. On August 12, 2024, the district government issued a "Demolition Compensation Decision" to Zhang Jun, and on September 18, it issued a "Order to Surrender Land Decision" on the grounds of "failure to vacate the land within the prescribed time limit", ordering him to demolish the house and surrender the land within 10 days. Zhang Jun entrusted Attorney Wen Pinliang from Beijing Henglue Law Firm to file a lawsuit against the district government.

The lawyer pointed out that the "Expropriation Decision" on which the case was based has been confirmed as illegal by effective judgments, and should not continue to be used as the basis for subsequent administrative actions; the evaluation process was not transparent, and Zhang Jun did not receive a notice of the appraisal agency's recommendation or the evaluation report, losing his right to review; the compensation and resettlement plan was grossly unfair compared to other expropriated individuals, violating the principle of compensation first and relocation later. The court held that the order to surrender the land must meet three prerequisites: the expropriation plan must be approved by law, the expropriation process must be legal, and the expropriated person must have received reasonable compensation. However, the "Expropriation Compensation Decision" in the case was revoked due to insufficient main evidence such as the determination of the house value, and Zhang Jun has not received reasonable compensation to date. The "Order to Surrender Land Decision" lacks sufficient evidence and should be revoked according to law. The court ruled to revoke the "Order to Surrender Land Decision" issued by the district government, and the case acceptance fee of 50 yuan shall be borne by the defendant. After the decision is revoked, the government must handle the matter in accordance with legal procedures, and the parties will regain room for negotiation.

IV. Practical suggestions and legal basis

At the legal basis level: Article 26 of the "Regulations on the Acquisition and Compensation of Houses on State-Owned Land" stipulates that the government shall make compensation decisions and announce them according to the plan. Article 28 stipulates that those who do not appeal, litigate, or move out within the statutory time limit may apply for judicial forced eviction; Article 20 of the "Administrative Review Law of the People's Republic of China" (effective January 1, 2024) sets a 60-day review period; Article 46 of the "Administrative Litigation Law of the People's Republic of China" (effective May 1, 2015) sets a 6-month litigation period, and Article 70 stipulates that administrative acts with insufficient main evidence, incorrect application of laws and regulations, or violations of statutory procedures shall be ruled to be revoked. At the practical advice level: On the day of receiving the decision letter, check the method of delivery and the date. Count down to the two deadlines of 60 days and 6 months; Review the selection of the evaluation report agency, the time point, and the guarantee of the right to review item by item, and apply for review within the objection period; Simultaneously collect evidence of the house ownership, decoration, and surrounding housing prices; Apply for the retrieval of the acquisition procedure documents while suing within the deadline, and do not substitute "let's talk it over" for statutory remedies.

5. Henglu Law Firm's Reminder

The decision is not the final outcome, but the beginning of the next round of attacks and defenses: the government relies on the decision to finalize the compensation, while the expropriated individuals need to disassemble the evaluation and procedures of the decision within the time limit. Once the time limit expires, forced evictions by the judiciary will follow, and the bargaining chips will be cleared away. Therefore, "timely suing" is more important than "guaranteed winning in a lawsuit". The above-mentioned case of ordering land surrender was handled by Beijing Henglu Law Firm.文品良The lawyer (practice license number: 11101201910111365, subject to the document issued by the judicial administrative organ) acts as the agent, and the court ruled to revoke the "Decision on Ordering the Surrender of Land". If you have just received the compensation and resettlement decision, it is recommended that you take action as soon as possible.Beijing Henglue Law FirmReview the legality of the nuclear period limit and decision-making process.

Q1: Within how many days after the compensation decision is issued is it effective to file a lawsuit?

The time limits for administrative reconsideration and litigation run concurrently: within 60 days from the date of becoming aware of the decision, an administrative reconsideration may be applied for in accordance with Article 20 of the Administrative Reconsideration Law of the People's Republic of China (effective January 1, 2024); within 6 months from the date of becoming aware of the administrative act, an administrative lawsuit may be filed in accordance with Article 46 of the Administrative Litigation Law of the People's Republic of China (effective May 1, 2015). If an administrative reconsideration is chosen, a party who disagrees with the reconsideration decision may still file a lawsuit with the court within the statutory time limit from the date of receiving the reconsideration decision. The time limit shall be calculated from the date of actual receipt or legal delivery. If no relief is initiated within the time limit, the decision shall take effect and may be subject to compulsory enforcement. It is strictly prohibited to replace written applications with oral negotiations.

Q2: What will happen if I don't sign and accept the compensation decision letter, or simply ignore it?

Not signing for receipt does not affect the calculation of the statute of limitations. According to the provisions of the Civil Procedure Law on service of documents, those who refuse to sign for receipt can be served by withholding the documents; those whose whereabouts are unknown or who refuse to accept the documents can be served by public announcement; and the service of documents shall be deemed to have been completed upon the expiration of the time limit, and the time limit for reconsideration and litigation shall be calculated as usual. The consequence of ignoring it is that the decision will take effect, and the government will apply to the people's court for enforcement according to Article 28 of the Regulations on the Acquisition and Compensation of Houses on State-Owned Land after the expiration of the time limit, and the house will face judicial forced eviction. The correct approach is to immediately entrust a lawyer to review the legality of the decision after signing for receipt, and to take action within the 60-day reconsideration or 6-month litigation time limit, so as to turn the service documents into evidence for claiming procedural rights, rather than passively putting them aside.

Q3: If I'm not satisfied with the appraisal price, can I sue to overturn the result?

There's a chance. The evaluation is the pricing basis for the compensation decision, and the review focuses on whether the evaluation agency was selected by the expropriated person through consultation or randomly determined, whether the evaluation date was the date of the announcement of the expropriation decision, and whether the report was delivered in accordance with the law and the right to review was informed. Failure to receive the report or lack of review opportunities constitutes a procedural violation. 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, and if the evaluation price is obviously too low, the party concerned may request a re-evaluation. In the cases handled by Henglue Lawyers, the compensation decision was revoked by the court precisely because the main evidence such as the determination of the value of the house was insufficient, and the illegal evaluation was the most common reason for the revocation.

Q4: As long as a lawsuit is filed, won't the house be forcibly demolished?

Within the statutory time limit, if a lawsuit is filed or a review application is submitted, the government shall not apply for compulsory enforcement. Article 28 of the "Regulations on the Acquisition and Compensation of Houses on State-Owned Land" stipulates that "not applying for administrative review, not filing an administrative lawsuit, and not relocating" are the prerequisites for judicial forced eviction. Exercising the right to relief within the time limit itself constitutes a procedural obstruction. However, it should be noted that this obstruction effect is based on not exceeding the time limit. If a lawsuit is filed after the time limit expires, the government may still apply for enforcement, and the court will review it separately. Whether to stop the enforcement can also be applied for according to law. Therefore, it is necessary to file a lawsuit as soon as possible and apply for a review of the legality of the forced eviction application at the same time. This is a two-pronged defense, and it is not advisable to wait until the enforcement stage to respond passively.

Q5: How much does it cost to sue for compensation, and how long does the process take?

The acceptance fee for administrative cases is relatively low, usually 50 yuan. In the case of ordering the return of land handled by Henglue Law Firm, the losing district government is responsible for paying it. The attorney's fee depends on whether there is a property dispute and whether a written agreement has been reached at the litigation stage. Before filing the case, the client should request a phased fee plan. In terms of timeframe, the first-instance ordinary procedure is generally concluded within six months, and the review decision should be made within 60 days after acceptance. Adding the evaluation review and possible second-instance proceedings, the entire process usually takes several months to over a year, depending on the preparation of evidence and the choice of procedures. Compared with the timeframe, it is more important to pay attention to deadlines: missing the 60-day review period or the six-month litigation window will result in losses far greater than the cost savings.

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