[Direct answer]In the Beijing area, the main illegal procedures of land expropriation include expropriating land before approval, expropriating more land than approved, failing to announce and hold hearings in accordance with the law, forcibly demolishing without implementing compensation and resettlement, and directly demolishing without applying for compulsory execution by the people's court. According to Articles 47 and 48 of the Land Administration Law of the People's Republic of China and the Implementing Regulations of the Land Administration Law of the People's Republic of China regarding expropriation announcements, compensation and resettlement, and hearings, expropriation must be approved by the people's governments at or above the provincial level, announced in accordance with the law and heard the opinions of the farmers whose land is expropriated, compensated fairly according to the comprehensive land price of the area, and follow the principle of compensation before relocation. If any illegal activities are found, the rights can be claimed through administrative reconsideration or administrative litigation. It is recommended to fix the evidence such as the approval of land expropriation, the announcement of expropriation, and the compensation and resettlement plan as soon as possible. For more details, please refer to the following link:Legal services for land expropriation and demolition, and administrative litigation.

1. Problem background and typical scenarios

Land expropriation and demolition involve farmers' major property rights and interests, and procedural violations are not uncommon in practice. Typical scenarios include: projects entering the clearing-up phase without approval from the provincial-level or higher government; the absence or incomplete elements of pre-announcements and announcements of expropriation; the implementation of compensation and resettlement plans without soliciting opinions; evading the statutory expropriation procedures under the guise of "removing illegal buildings" and "renovating dangerous buildings"; and organizing forced demolitions without signing agreements with the expropriated or applying for court enforcement. Many expropriated people, due to their unfamiliarity with legal procedures, find it difficult to determine which links are illegal, resulting in their rights and interests being damaged without any remedy. For disputes over housing values, they can refer to the following methods:Real estate sales and construction project servicesEvaluate the scope of the assets.

II. Key points of contention

The focus of the dispute lies in three aspects. Firstly, the approval subject and authority: whether the expropriation has obtained the government's approval at the statutory level, and whether there is a situation of expropriating more land than approved or splitting the approval process to evade supervision by higher authorities. Secondly, public announcement and participation: whether the pre-announcement of expropriation, the announcement of expropriation, and the compensation and resettlement plan are publicly disclosed in accordance with the law and ensure the right to information and the right to be heard of the farmers whose land is expropriated, and whether the elements are complete. Thirdly, compensation and forced demolition: whether the principle of "compensation first, relocation later" is implemented, and whether the forced demolition is applied for enforcement by the people's court in accordance with the law. Administrative authorities often claim that they have fulfilled their procedural obligations, while the expropriated people question that the procedural flaws substantially affect the fairness of compensation, and there are obvious differences in evidence and legal application between the two sides. Where the nature of the compensation agreement is involved, it can be combined with other provisions to determine the legal effect of the agreement.Business and contract dispute resolution services for enterprisesClarify the validity of the agreement.

III. Professional analysis by Henglue Lawyers

Based on the practical experience of handling land expropriation and demolition cases, the most common procedural violations are "lack of announcement" and "demolition without applying for court enforcement". According to the Land Management Law and its implementing regulations, the announcement of expropriation shall be organized by governments at or above the county level, and the compensation and resettlement plans shall be announced and opinions shall be heard. For the forced demolition of collective land houses, administrative organs do not have the right to enforce directly and should apply to the people's court for enforcement. In practice, some localities use demolition of illegal buildings as a substitute for demolition, and demolish houses before the expiration of the time limit for reconsideration and litigation, which are typical procedural violations. Henglue Lawyers usually advise the expropriated persons to first obtain the approval documents, red line maps, and announcements through government information disclosure, identify procedural flaws, and then seek legal remedies according to law. For cases involving the recovery of funds, they can proceed with the next steps.Creditor-debtor relations and enforcement case servicesAdvance.

IV. Practical suggestions and legal basis

The legal basis is Article 47 (Approval and Announcement of Expropriation) and Article 48 (Fair and Reasonable Compensation and Comprehensive Land Prices by District) of the Land Administration Law of the People's Republic of China (amended on August 26, 2019 and implemented on January 1, 2020); the provisions on expropriation announcements, hearing opinions on compensation and resettlement plans, and holding hearings in the Implementing Regulations of the Land Administration Law of the People's Republic of China (amended on July 2, 2021 and implemented on September 1, 2021); and Article 13 of the Administrative Enforcement Law of the People's Republic of China (administrative organs must have legal authorization to enforce by force, otherwise they shall apply to the court for enforcement). Practical suggestions: Apply for information disclosure and retrieve the approval and red line map as soon as the expropriation is initiated; raise objections if the announcement elements are incomplete or there is no hearing; if no agreement is signed and the house is forcibly demolished, sue to confirm the illegality of the forced demolition and claim state compensation. For cases involving personal injury, refer to the relevant provisions.Personal injury and medical dispute services.

5. Henglu Law Firm's Advice

The land expropriation process is interconnected, and any missing link may affect the legality of the expropriation. The expropriated persons should enhance their awareness of evidence collection and start preserving announcements, notifications, and communication records before the project starts; be vigilant against "construction without approval" and "using demolition of illegal buildings to promote eviction", and promptly consult professional lawyers to evaluate the illegal aspects of the process. They should pay attention to the deadlines for related appeals and litigation to avoid missing the relief window. If they need to systematically sort out the case, they can seek help from legal professionals.Special services and other case-related servicesDefine the path to protect one's rights.

VI. Frequently Asked Questions

Q1: The land expropriation process is illegal. Can I win my case?

The illegality of the procedure does not necessarily mean "winning", but it is an important defense and relief point. If the forced demolition has not been enforced by the court, the announcement is obviously absent, or it has not been approved by law, the court may confirm the illegality of the act and support compensation; but the amount of the actual compensation still depends on the evidence and standards. We should focus on providing evidence of specific illegal points, rather than expecting the result of the promise, and avoid being misled by the untruthful winning rhetoric.

Q2: What evidence do I need to prepare to prove that the land expropriation process is illegal?

Core evidence: land expropriation approval documents (approving authority and document number), pre-announcement and announcement of expropriation, compensation and resettlement plans and records of soliciting opinions, red line maps and boundary survey information, video footage of forced demolitions and records of restrictions on personal freedom, responses to requests for information disclosure, and communication and reminder documents. The evidence is organized around the four points of "no approval, no announcement, no compensation, and no application for court enforcement". The more complete the materials are, the easier it is to confirm the illegality of the expropriation.

Q3: How much will it cost in attorney's fees and litigation fees to pursue legal rights through formal procedures?

The litigation fees shall be calculated based on the amount of the litigation request in accordance with the "Measures for the Payment of Litigation Fees", and shall be borne by the losing party in a cumulative manner by segments. The subject of the lawsuit confirming the illegal demolition is relatively small, and the fees are relatively controllable. The attorney's fees shall be charged according to the complexity of the case and the stage of the litigation, and the specific fees shall be subject to the entrustment contract. There is no unified standard. It is recommended to first evaluate the illegal points and the benefits that can be obtained before making a decision, and to control the cost within a reasonable range.

Q4: How long does it usually take to litigate against illegal land expropriation procedures?

The first-instance administrative litigation shall be concluded within six months in the ordinary procedure and within 45 days in the summary procedure; if the plaintiff requests to confirm that the forced demolition is illegal and simultaneously initiates a state compensation, the period will depend on the circumstances of the case, which may range from several months to one year. If the plaintiff is not satisfied with the review decision, they can first go through the review process (usually within 60 days). It is recommended to fix the evidence and apply for property preservation at the same time, so as to shorten the actual period of rights protection and avoid the transfer of property due to delay.

Q5: If I find problems with the land expropriation process, what should I do first?

The first step is to apply for government information disclosure, retrieve the land expropriation approval documents, red line maps, expropriation announcements, and compensation plans, and identify procedural flaws. The second step is to verify the elements of the announcement and the approval level to determine the nature of the violation. The third step is to initiate a review or lawsuit within the legal time limit, requesting confirmation of the violation and seeking compensation. Throughout the process, retain all legal documents and images. If necessary, consult a professional lawyer as soon as possible and avoid relying solely on petitioning without taking legal action, which may result in exceeding the statute of limitations.

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 currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence materials, to avoid missing the statutory time limits.Land expropriation and demolition legal services·Beijing Henglue Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and public adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. In case of disputes, please consult a practicing lawyer in time.