[Direct answer]In the Beijing area, if contracted land is expropriated, the contractors have the right to receive compensation in accordance with the law. According to Article 47 of the Land Administration Law of the People's Republic of China (amended on August 26, 2019 and implemented on January 1, 2020) and the relevant provisions of the Rural Land Contract Law of the People's Republic of China (amended on December 29, 2018), the compensation includes land compensation fees, resettlement assistance fees, compensation for rural villagers' dwellings and attached structures and seedlings, as well as social security fees for expropriated farmers; the specific amounts are determined according to the comprehensive land price and evaluation of the area. If there are objections to the compensation standards or amounts, the parties concerned may apply for coordination, administrative reconsideration, or file an administrative lawsuit in accordance with the law. For more details, please refer to the relevant provisions of the laws and regulations.Legal services for land expropriation and demolition, and administrative litigation.

1. Problem background and typical scenarios

The compensation for the expropriation of contracted land is the most common and also the most easily controversial livelihood issue in the field of land expropriation and demolition. Typical scenarios include: farmers holding contracted contracts but failing to obtain business rights certificates in time, being directly excluded from the compensation scope due to lack of certificates during land expropriation; enterprises and town governments signing land transfer and expropriation compensation agreements for agricultural projects, but disputing the compensation amount due to subsequent project expropriation; houses or land located outside the expropriation red line, but being flooded by water and sinking into dangerous buildings due to irregular construction, with operators applying for compensation but receiving no response. Such disputes involve both the ownership of land contracted management rights and the effectiveness of administrative agreements and appraisal procedures. Improper handling of these issues may easily lead to prolonged deadlocks. For more land rights issues, please consultBeijing Henglue Law Firm.

II. Key points of contention

  • Warrants and qualifications: Whether one holds a land contracting management right certificate is not the only criterion for determining eligibility for compensation; membership in a collective economic organization, actual use rights, and certificates from the village committee can all serve as supporting evidence for rights and interests. However, if there is insufficient evidence, one is likely to be disqualified.
  • Effect of the agreement: The compensation agreement signed by the enterprise and the government for the land expropriation and demolition is an administrative agreement. Whether it is invalid or should be fully performed is a prerequisite for determining the amount of compensation.
  • Evaluation and acceptance: Both parties jointly commission an evaluation, and the administrative organ unilaterally commissions a review. Which one will be used as the basis for compensation directly determines the amount of compensation and is also the focus of defense and attack in litigation.

Regarding the ownership boundaries of houses and land, we can combine them with other relevant information to determine the exact ownership of the property in question.Real estate sales and construction project servicesClarify the chain of rights.

III. Professional analysis by Henglue Law Firm

Henglue Lawyers have observed in handling cases involving expropriation and compensation that disputes often focus on the validity of agreements and the amount of compensation assessed. For example, in a case involving a certain agricultural development company and the local town government signing a land contracting and operation rights transfer and expropriation and demolition compensation agreement for an agricultural sightseeing project, the two parties disputed over the compensation amount due to subsequent expropriations such as connecting projects. After the town government had jointly commissioned an appraisal, it subsequently appointed another agency to attempt to lower the compensation amount. The court ruled that the agreement was valid, adopted the jointly commissioned appraisal report, and ordered the town government to pay tens of millions of yuan in expropriation and demolition compensation and bear corresponding responsibilities. Similarly, in another case, a cotton processing plant in a certain area, although located outside the expropriation boundary, was flooded and became a dangerous building due to unstandardized construction, making it impossible to operate. The operator applied to the district government for compensation but received no response. The court ordered the district government to issue a written response to the compensation application within a specified time limit. These two cases jointly demonstrate that the validity of administrative agreements and the legality of the appraisal process are at the core of compensation disputes. For such cases involving multiple parallel procedures, reference can be made to these two cases.Special services and other case services.

IV. Practical suggestions and legal basis

At the legal basis level: Article 47 Paragraph 1 of the Land Administration Law of the People's Republic of China stipulates that the state's land expropriation must be approved through legal procedures, and then announced and implemented by local governments at or above the county level. The compensation includes land compensation fees, resettlement assistance fees, compensation for housing and attached structures, and social security fees. The comprehensive land price of the area shall be adjusted at least every three years. The Rural Land Contract Law of the People's Republic of China stipulates that the contractual management rights shall be obtained upon the effectiveness of the contract. Article 75 of the Administrative Litigation Law of the People's Republic of China stipulates that major and obvious illegal administrative acts are invalid, and the agreement shall be deemed valid if it does not fall into this situation. Practical suggestions: When encountering compensation disputes, firstly, organize the contractual contracts, management rights certificates, expropriation and demolition agreements, evaluation reports, and communication records; for breach of administrative agreements, one can sue for performance, and for omission of duties, one can sue for the performance of duties; for evaluation disputes, one should adhere to the priority of joint entrustment. Relevant administrative performance disputes can be dealt with through litigation.Creditor-debtor relations and enforcement case services\nImplement the path of connection assessment.

5. Henglu Law Firm's Advice

The compensation for expropriation involves the vital interests of the people, and the government, as the main body of expropriation, has the responsibility to safeguard the legitimate rights and interests of the expropriated persons. In practice, the validity of administrative agreements and the legality of the evaluation process often determine the outcome of the compensation. The expropriated persons should pay attention to the terms of the agreement, jointly entrusting evaluation and fixing evidence. When the government fails to respond or lowers the compensation, they should promptly entrust professional lawyers to safeguard their rights and interests through review, litigation, and application for performance of duties in accordance with the law.

This case is handled by Beijing Henglu Law Firm.Shang RuichaoThe lawyer (practice license number: 11101202211560090, subject to the document issued by the judicial administrative organ) acts as the agent

VI. Frequently Asked Questions

Q1: After the contracted land is expropriated, what specific items are generally included in the compensation?

According to Article 47 of the Land Administration Law of the People's Republic of China, the compensation for land expropriation includes land compensation fees, resettlement assistance fees, compensation for rural villagers' housing and attached structures and seedlings, as well as social security fees for expropriated farmers. The land compensation fees belong to rural collective economic organizations, the resettlement assistance fees are used for the resettlement of expropriated farmers, and the housing and seedlings, etc. belong to the actual right holders. The specific standards are determined by provincial governments based on the comprehensive land prices of the districts, and are adjusted and announced at least once every three years; the compensation for attached structures and seedlings is stipulated by provinces, autonomous regions, and municipalities directly under the Central Government.

Q2: If one does not have a land contracting and management right certificate, does that mean they lose the eligibility to receive compensation for land expropriation?

Not necessarily. According to the "Rural Land Contract Law of the People's Republic of China", the contractor obtains the right to contract and operate the land upon the effective date of the contract. The registration and issuance of the right to use the land are the confirmation of the right, not the establishment of the right. If the contractor is a member of the collective economic organization, enjoys the actual right of use and has evidence such as the certificate of the village committee to support it, and meets the resettlement conditions of the local compensation plan, the lack of a right certificate does not necessarily mean the loss of the eligibility for compensation. The contractor may apply for the public disclosure of village affairs and information to fix the rights in accordance with the law, and then apply to the subject of expropriation to perform the duty of compensation. If necessary, the contractor may file an administrative review or lawsuit.

Q3: If the compensation for government-ordered demolition cannot be negotiated, how should enterprises or individuals proceed in accordance with the law?

First, secure the evidence: retain the transfer contract, the expropriation and demolition agreement, the jointly commissioned appraisal report, the meeting minutes, and the reminder materials. If an administrative agreement has been signed, you can file an administrative lawsuit against the administrative authority for failing to perform its duties according to the law or failing to provide compensation as agreed, and assert that the agreement is valid and should be implemented. For disputes over the amount of compensation, you can apply for investigation and coordination. Professional lawyers can assist in clarifying the validity of the agreement and the legality of the appraisal process, and form legal pressure through parallel actions such as administrative review, litigation, and applications for performance of duties.

Q4: If one does not agree with the land expropriation compensation and resettlement plan or the assessment amount, what are the legal remedies available?

If you have any objections to the compensation and resettlement plan, you may apply for a hearing or mediation in accordance with the law; if you have any objections to the land expropriation approval issued by the municipal or county government, you may apply for administrative reconsideration. If you do not agree with the appraisal amount, and if both parties have jointly entrusted a qualified institution to conduct the appraisal, a unilateral re-appraisal usually cannot replace the original appraisal; you may apply to the court for an appraisal in the litigation process or request that the original appraisal report be adopted. If you believe that the administrative organ fails to perform its compensation duties, you may file an administrative lawsuit to require it to make a decision within a specified time limit.

Q5: If the contracted land is substantially damaged by construction or expropriation, but no compensation agreement has been signed, can an administrative lawsuit be filed?

Yes. If the land and houses are substantially damaged due to construction or expropriation and cannot be operated, even if no compensation agreement has been signed, the expropriated person has the right to file a compensation application to the expropriating entity; if the government fails to respond within the statutory time limit after receiving the application, the expropriated person may file an administrative lawsuit and request the court to order the government to make a written response to the compensation application within a certain period after the judgment takes effect. If necessary, the expropriated person may also claim administrative compensation at the same time.

The above answer is based on the judicial practice in the Beijing area. The judicial interpretation in other provinces and cities may vary. For specific cases, please refer to the local rules and evidence situation.

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 Shang Ruichao·Beijing Henglu Law Firm