[Direct answer]The collective land expropriation must be accompanied by legal documents such as the land expropriation approval from the people's government at the provincial level or above, the expropriation announcement, the land expropriation compensation and resettlement plan and the announcement, all of which are indispensable. Core legal provisions: Articles 46, 47, and 48 of the Land Administration Law of the People's Republic of China (amended in 2019 and implemented on January 1, 2020), and Articles 26, 28, and 32 of the Implementing Regulations of the Land Administration Law of the People's Republic of China (amended in 2021 and implemented on September 1, 2021). If the expropriation is implemented without approval or announcement in accordance with the law, the procedure is illegal, and the expropriated persons can protect their rights by applying for government information disclosure, administrative reconsideration, or initiating administrative litigation. Our firm once represented clients through information disclosure and reconsideration, confirming that the administrative authorities failed to perform their duties of disclosing land expropriation information in accordance with the law. For more details, please refer to the following link:Legal services for land expropriation and demolition, and administrative litigationAndBeijing Henglu Law Firm.

I. Problem Background and Typical Scenarios

When rural collective land is expropriated, whether the documents are complete directly affects the legality of the process and the rights and interests of the expropriated people. Typical scenarios include: villagers' houses being included in the expropriation scope due to key projects such as railways and highways but not receiving compensation for a long time; applications for disclosure of land expropriation information being evaded with the excuse of "non-existence"; expropriation departments requiring villagers to vacate their homes without posting expropriation announcements or compensation and resettlement plans; and certified neighbors in the same village receiving compensation while those without usage rights certificates due to historical issues being directly denied compensation. What the parties concerned care most about are: who has the right to approve the expropriation, what documents are required, and whether their houses are within the red line.

II. Key points of contention

  • Authorization rights: The expropriation of collective land requires the approval of governments at the provincial level or above. Any defects in the authorization process will undermine the foundation of the entire expropriation procedure.
  • Announcements and plans: The announcement of expropriation and the announcement of compensation and resettlement plans are statutory procedures that must be followed. If these announcements are not made or if there are omissions in their content, the legality of the procedures will be affected.
  • Red line scope: Whether the house is within the scope of the expropriation determines whether it can be compensated. It needs to be verified by official documents such as the red line map.

III. Professional analysis by Henglue Law Firm

In a case of land expropriation information disclosure that our firm represented, villagers' houses were included in the scope of expropriation for key projects but were not compensated. They applied to the municipal government for disclosure of seven core land expropriation information, but the government refused on the grounds that "the houses were not expropriated and the information did not exist". The lawyer keenly identified this as an attempt to evade disclosure obligations by citing "non-existent information", and the firm initiated an administrative review. The firm reviewed and re-responded to the reply page by page, accurately pointing out that the pre-announcement and announcement of expropriation did not comply with legal form and content, the proof of compensation funds was not in accordance with regulations, the subject of the stability assessment report was incorrect, and the compensation and resettlement plan was not disclosed in accordance with the law. Ultimately, the review authority determined that the respondent had failed to perform its statutory duties of government information disclosure in accordance with the law, and ordered it to provide a new response and provide the land expropriation announcement. This case shows that whether the documents are complete can be professionally verified and remedied. For similar issues, please consult us.Beijing Henglue Law FirmLand expropriation and demolition team.

IV. Practical Suggestions and Legal Basis

At the legal basis level: Article 46 of the Land Administration Law of the People's Republic of China clearly stipulates the approval authority for expropriation, and Articles 47 and 48 regulate the announcement, registration, and compensation and resettlement; Articles 26, 28, and 32 of the Implementing Regulations of the Land Administration Law of the People's Republic of China specify the content of the announcement and the requirements for the availability of compensation funds. At the practical advice level: After the house is included in the expropriation, apply for information disclosure to retrieve the approval documents, pre-announcement, expropriation announcement, red line map, compensation and resettlement plan, and proof of funds as soon as possible; check whether the announcement contains all the legally required elements; if the information is "non-existent" or there are missing items, promptly file for reconsideration or litigation; if a certified neighbor in the same village has received compensation while you have been rejected, verify your membership status and actual use rights evidence. In the event of rights disputes, you can combine the above measures to protect your rights and interests.Beijing Henglu Law FirmCoordinate and protect rights based on practical experience.

5. Henglu Law Firm's Advice

The legality of collective land expropriation relies on a set of documents including "approval, notification, compensation, and resettlement". Any missing link may serve as a loophole for rights protection. When facing expropriation, the expropriated individuals should actively obtain and verify the legal documents item by item, and never give in solely based on verbal notifications or arrangements of "demolishing first and compensating later". Land without certificates inherited from history does not necessarily lose its eligibility for compensation. Membership in the collective economic organization, actual use rights, and village collective certificates can all serve as evidence of rights. In the event of compensation disputes, it is recommended to engage professional lawyers as soon as possible to fix evidence through procedures such as information disclosure, administrative reconsideration, and village affairs disclosure.

This case is handled by Beijing Henglu Law Firm.He NingningThe lawyer (practice license number: 11101202511925103, subject to the document issued by the judicial administrative organ) acts as the agent.

VI. Frequently Asked Questions

Q1: Who approves the land expropriation approval? Does the village say that the expropriation is final once it's approved?

No. The expropriation of collective land must be approved by the State Council or provincial-level people's governments in accordance with legal procedures. After approval, local people's governments at or above the county level shall announce and organize the implementation of the expropriation. The oral declaration by the village committee or the project party that "the land will be expropriated" does not have legal effect and cannot replace the statutory approval and announcement. The expropriated persons have the right to request to view the approval number of the land expropriation, the expropriation announcement and the red line scope; for those that have not been approved or "expropriated before approval", they may raise objections according to law and confirm the illegality through the procedures of reconsideration and litigation. To determine whether the expropriation is established, the only criterion is whether the statutory approval documents have been obtained and announced in accordance with the regulations, rather than the unilateral statements of grassroots organizations or construction parties.

Q2: Is the land expropriation legal without a land requisition notice and a compensation and resettlement plan?

It's illegal. According to Article 47 of the Land Administration Law of the People's Republic of China and Article 28 of the Implementing Regulations of the Land Administration Law of the People's Republic of China, the expropriation of land shall be announced in accordance with the law, and the compensation and resettlement plan shall be formulated and announced, stating the essential elements such as the scope of expropriation, the current status of the land, the purpose of expropriation, the compensation standards, and the resettlement methods, etc. If there is no announcement or plan, or the content of the announcement does not comply with the statutory elements, it constitutes a procedural violation. The expropriated persons may claim that the relevant administrative acts are invalid or revocable, and use this to gain the initiative in compensation negotiations, administrative reconsideration, and litigation. Before signing the contract or vacating the premises, it is necessary to verify whether the aforementioned documents are complete.

Q3: What should I do if I'm told that the requested public land acquisition information "doesn't exist" when applying for it?

It can be resolved through administrative reconsideration or litigation. If the administrative organ refuses on the grounds of "the information does not exist", it shall be required to explain the search process and basis; if the information should be produced or preserved by it according to law but is claimed not to exist, it often constitutes a failure to perform the duty of information disclosure according to law. The expropriated person may apply for administrative reconsideration or initiate administrative litigation in accordance with the "Regulations on the Disclosure of Government Information of the People's Republic of China", and require the administrative organ to provide evidence that it has searched for the information according to law. The reconsideration or trial organ may order the administrative organ to provide a new reply and perform its duties. During the handling of the case, the mailing receipts, signing records, and original replies should be preserved to form a complete chain of evidence. For replies that evade the key issues, the party may apply for reconsideration or litigation again, and check the legal elements of the announcement, stability assessment, compensation plan, and fund proof item by item.

Q4: How to verify whether my house is within the scope of the expropriation red line?

The official documents shall prevail. You can apply to the natural resources and expropriation departments for government information disclosure to retrieve the land expropriation approval documents, expropriation announcements, and the accompanying land expropriation red line maps, and then compare the location of the house with the four boundaries of the red line one by one. You can also check the published expropriation scope on the local government bulletin boards and expropriation information disclosure platforms. If the application for disclosure is rejected or the response does not match the facts, you can initiate administrative reconsideration or litigation to require the performance of duties. In practice, it's not uncommon to find that "houses within the red line are said to have not been expropriated". The key is to confirm the scope with stamped official documents rather than verbal explanations, and to fix the evidence before signing the contract to prevent disputes arising without any basis afterwards.

Q5: If the land is seized without a certificate, does that mean we definitely won't get any compensation?

Not necessarily. Whether or not one has a use right certificate is not the only criterion for determining compensation eligibility. If the party concerned is a member of a collective economic organization, has a legal right to use the land, and has evidence such as a transfer or ownership certificate issued by the village committee to support this, and meets the identification conditions for resettled persons set forth in the local compensation and resettlement plan, even without a use right certificate, they can legally claim compensation. In practice, professional lawyers often apply for information disclosure, administrative reconsideration, village affairs disclosure, and request the performance of resettlement and compensation duties in parallel to put pressure on the acquisition entities and promote the signing of fair compensation agreements. Whether or not compensation is granted should be determined based on the member's status, actual possession, and supporting evidence, rather than just relying on a piece of paper certificate.

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

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 Henglu Law Firm