[Direct answer]In the Beijing area, the decision to expropriate is a specific administrative act. If you disagree with it, you can apply for administrative reconsideration within 60 days from the date you learn of the act. According to Articles 11 and 20 of the Administrative Reconsideration Law of the People's Republic of China, if you disagree with the announcement of the expropriation decision, the time limit for applying for reconsideration generally starts from the date you learn of or should have learned of the decision; the time limit specified in the announcement shall be in accordance with its provisions, and if it is not specified, it shall be 60 days from the date of the announcement or from the date you learn of it, unless the statutory time limit for applying for reconsideration exceeds 60 days. It is recommended to apply for reconsideration in time. For more details, please refer to the following link:Legal services for land expropriation and demolition, and administrative litigation.

I. Problem Background and Typical Scenarios

The people subject to expropriation often ask, "Can I still raise objections after the announcement?" and "How long after the announcement can I no longer appeal?" Typical scenarios include: the government posting the "Expropriation Decision" announcement, but the parties concerned fail to pay attention in time; the announcement does not specify the time limit for appeal and litigation; the parties only learn months later that the compensation plan is unfair; and they mistake "the expiration of the announcement period" as losing all remedies. The expropriation decision directly relates to housing and land rights, and the announcement itself is a subject of appeal. If the appeal is missed within the time limit, the parties will lose this low-cost remedy channel. The relevant procedures can be combined with the following:Beijing Henglue Law FirmMaster the experience of administrative lawyers.

II. Key points of contention

  • The effectiveness of the announcement: Is it considered as having been informed once it is posted, or does it require actual delivery? Can those who have not actually seen it claim that the time limit has not started to run? This is a frequent point of contention.
  • The connection between reconsideration and litigation: The time limits for reconsideration and litigation are different. Whether to proceed with reconsideration first or litigation later, or to choose between reconsideration and litigation, depends on the legal provisions and the guidelines announced by the authorities.
  • The decision on whether to violate the law and the compensation are related: If the expropriation decision violates the law, it does not necessarily mean that it will be revoked (it can be confirmed that it violates the law when it involves public interests), but it can be used as a basis for subsequent compensation negotiations.

III. Professional analysis by Henglue Lawyers

In a collective land expropriation case handled by Henglue Lawyers, several land expropriated persons in a certain village believed that the "Expropriation Decision" issued by the district government was illegal in many aspects: the effective area of the houses was only recognized as one to two floors; the compensation for the homesteads was only calculated based on 0.25 mu and did not take into account the actual situation; the local compensation measures that had been outdated for several years were cited; and the land expropriation was not carried out in accordance with the law and the expropriation approval was not obtained before making the decision. The lawyers filed an administrative lawsuit, claiming that the decision violated the principle of integrating housing and land, lacked legal authority, failed to provide sufficient evidence of public interest, deprived the right to raise objections in the process, and requested an incidental review of the normative documents. The court adopted the lawyers' opinions, determined that the "Expropriation Decision" was illegal, but considering that the project had already obtained provincial-level approval, involved major public interests, and most of the expropriated persons had signed the agreement, the court ruled that the decision was illegal and ordered remedial measures to be taken. This case reminds us that even if the decision is determined to be illegal, it can still become an important bargaining chip for subsequent compensation negotiations and accountability. For related procedures, please consult us.Legal services for land expropriation and demolition, and administrative litigation.

IV. Practical suggestions and legal basis

Legal basis: Article 11 of the Administrative Review Law of the People's Republic of China (effective January 1, 2024) stipulates that citizens may apply for administrative review of administrative acts; Article 20 specifies the general time limit for applying for review and the rules for calculating the time limit; Article 24 and other provisions involve the jurisdiction of review; Article 44, 45, and 46 of the Administrative Litigation Law of the People's Republic of China (amended in 2017) stipulate the connection between litigation and review and the time limit for filing a lawsuit; Article 47 of the Land Management Law (amended in 2019) regulates the expropriation procedures. Practical advice: Immediately record the date of receipt or awareness of the announcement, and keep the original announcement and photos; verify whether the announcement specifies the time limit for review and litigation; file for review or litigation within 60 days (or a legally longer period); claim procedural flaws and substantive injustices at the same time; hire a professional lawyer as soon as possible to avoid losing the right to litigation due to time limits, and consult with a lawyer for advice.Legal services for land expropriation and demolition, and administrative litigation.

5. Henglu Law Firm's Reminder

The announcement of the expropriation decision is not a "final notice", but a countdown to seeking remedies. It is crucial not to delay - the 60-day review period will pass in the blink of an eye, and any delay will only lead to more difficult litigation or enforcement objections. The expropriated party should start fixing evidence as soon as the announcement is issued, and prioritize evaluating the "illegal points of the decision" and the "room for compensation negotiations". For cases of unfair area determination or procedural defects, they should promptly file administrative litigation and request a concurrent review of normative documents. Even if the documents are not revoked, confirming their illegality can also gain room for subsequent compensation negotiations.

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

VI. Frequently Asked Questions

Q1: After the announcement of the expropriation decision, when does the time limit for reconsideration begin to count?

According to Article 20 of the Administrative Reconsideration Law of the People's Republic of China, the time limit for applying for reconsideration shall be calculated from the date when the applicant knows or should have known of the administrative act; where the administrative organ fails to inform the applicant of the right to apply for reconsideration, the time limit for applying for reconsideration shall be calculated from the date when the party knows or should have known of these matters, but the maximum period shall not exceed five years from the date of the administrative act (the period may be longer in the case of real estate). For announcement-type expropriation decisions, if the announcement specifies the time limit for reconsideration and litigation, the time limit shall be in accordance with the provisions of the announcement; if the announcement does not specify the time limit, the applicant shall apply for reconsideration within 60 days from the date when the party knows or should have known of the content of the expropriation decision. It is necessary to keep the evidence of the posting and delivery of the announcement and the time of knowing it, and if necessary, to determine the starting point through the legal services of land expropriation and demolition and administrative litigation.

Q2: The announcement doesn't mention the deadline for reconsideration. Does that mean we can't request a reconsideration?

No. The failure of the announcement to specify the review period does not result in the loss of the right to review. According to the "Administrative Review Law of the People's Republic of China" and related rules, if the administrative organ fails to inform the applicant of the right to review, the review period shall be calculated from the date when the applicant knows or should have known about it. Generally, it is still 60 days from the date when the applicant knows or should have known about the content of the administrative act, and it is subject to the maximum protection period. Therefore, even if the announcement "only mentions expropriation and does not mention remedies", you can still apply for review within 60 days after knowing the content, and you can claim procedural defects in the announcement during the review. The key is to prove when you "knew it". It is recommended to take photos of the announcement and keep the communication records, and let the administrative team of Beijing Henglu Law Firm evaluate the starting point of the calculation.

Q3: When it comes to appealing against the expropriation decision or directly filing a lawsuit, which option should I choose?

It depends on the laws and guidelines of the announcement. The expropriation decision is an administrative act that can be appealed or sued against, but it should be noted that: if the law does not stipulate the pre-appeal procedure, the parties can choose to appeal or sue directly; if they choose to appeal, they can usually sue if they are dissatisfied with the appeal (unless otherwise stipulated by law). The appeal period is relatively short and the cost is low, which is convenient for reviewing procedural flaws at the same time; while litigation has strong adjudicative force and can review normative documents concurrently. In practice, it is often the case that "first appeal to fix the illegal points, then sue to confirm", or directly sue to seize the time limit. It is recommended to combine the time limit and relief order specified in the announcement and, if necessary, design a combination strategy of legal services for land expropriation and demolition and administrative litigation.

Q4: What materials should be prepared for a review application, and which authority should it be submitted to?

Generally, the following documents need to be submitted: an application for administrative reconsideration (stating the applicant, the respondent, the request for reconsideration and the factual grounds), identity proof, evidence of interest in the expropriation decision (such as property ownership certificates, homestead certificates, announcement photos, and compensation plans), and proof of being aware of the time. Regarding jurisdiction, for expropriation decisions made by local governments, it is usually necessary to apply for reconsideration to their superior people's governments; for departmental actions, it is necessary to apply to the government at the same level or to the superior competent departments. The materials should prove that "the legitimate rights and interests are directly affected" and "the decision is illegal or the procedure is flawed". It is recommended to make copies and keep them, and submit copies according to the number of respondents. If necessary, the administrative team of Beijing Henglue Law Firm can assist in drafting and submitting the application.

Q5: If the expropriation decision is confirmed to be illegal but not revoked, is it still useful?

It's useful. According to Article 74 of the Administrative Procedure Law of the People's Republic of China, if an administrative act should be revoked according to law but its revocation would cause significant damage to the national interests and public interests, the court shall confirm its illegality but not revoke it. Although the decision confirming the illegality does not change the current situation of expropriation, it is an important legal asset: it can be used as a basis for subsequent claims for fair compensation, requests for remedial measures, and even accountability; it can enhance the negotiating position of the expropriated party in compensation negotiations. In similar situations, it is advisable to retain the document confirming the illegality and use it as a basis for subsequent actions.Legal services for land expropriation and demolition, and administrative litigationIt's used for compensation negotiations.

This article is written based on the common judicial interpretation in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify the regional differences.

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