[Direct answer]In the Beijing area, there is compensation—the closure of prohibited breeding areas is an administrative measure rather than an administrative punishment. The farms themselves operate legally (with breeding registration, animal epidemic prevention qualification certificates, environmental impact assessment procedures, and business licenses). If they are closed or relocated due to the designation of prohibited breeding areas, the government should provide compensation according to law, which typically includes livestock and poultry inventory losses, the depreciation of pens and facilities, relocation expenses, and production loss. According to Article 25 of the Regulations on Pollution Prevention and Control of Large-Scale Livestock and Poultry Breeding, if it is necessary to close or relocate livestock and poultry breeding facilities due to the designation of prohibited breeding areas, causing economic losses to breeders, the local people's governments at or above the county level shall provide compensation according to law—it's written in black and white, not "no compensation for environmental protection closures".

1. Problem background and typical scenarios

The environmental protection rectification is being promoted. Once the prohibited breeding areas are designated, the township authorities send a notice of forced closure with a deadline: clear the pens within one week, demolish the facilities within one month, with no compensation or only symbolic "clearance subsidies". The pens built by farmers at a cost of hundreds of thousands or even millions, the henhouses where chickens are laying eggs, and the pigs and cattle in the pens are wiped out overnight. There are three common disputes: no compensation under the guise of "environmental protection"; compensation only for livestock and poultry, not for facilities; and the entire site is classified as an illegal building and demolished without compensation on the grounds of "incomplete procedures".

II. Key points of contention

First, the nature and legality of the shutdown action. Second, the statutory basis for compensation and the project composition. Third, how to determine and compensate for the parts with incomplete procedures. Fourth, the appeal and litigation path for the shutdown decision.

III. Professional analysis by Henglue Lawyers

The first layer is to first review the nature and procedures of the actions: whether the designated prohibited breeding areas have been legally announced, whether the scope covers the current farm, who made the decision to shut down the farm, whether there are written documents, and whether the right to present defense and appeal has been informed to the farmers—only if there is a designated announcement but no individual decisions, can the process be initiated by applying for compensation responsibilities and verifying the designated documents through information disclosure; if there is no written support for the "oral notice to complete demolition within a specified period", it may leave room for the farmers to confirm the illegality of the decision. The second layer is the composition and reference of compensation: According to Article 8 of the "Administrative Licensing Law of the People's Republic of China", if an administrative license that has taken effect is changed or withdrawn due to the needs of public interest, and the citizens or legal persons suffer property losses as a result, compensation shall be provided in accordance with the law—the breeding registration and epidemic prevention certificates are the carriers of the legitimate expectations. The compensation items include: the disposal losses of the livestock and poultry in the inventory calculated at market prices, the depreciated compensation for the pens and water/electricity/environmental protection facilities, the transportation and reconstruction costs for relocating to a new site, and the production loss during the shutdown transition period. Advocating fair compensation based on the logic of "compensation first, relocation later" in land expropriation compensation is the most effective argumentation path in practice. This case is handled by Beijing Henglu Law Firm.He NingningAttorney (Practice Certificate No.: 11101202511925103, subject to the certificate issued by the judicial administrative authority): Agent. **Third Level: Defense and Counterattack for Incomplete Procedures** Many aquaculture sites are built on rural collective lands, and historical enclosures often lack approval documents. However, "lack of official documents does not equal lack of rights"—in a land expropriation and compensation case handled by our firm, the attorney successfully proved rights based on the member status of the collective economic organization, village collective certificates, and actual usage evidence, ultimately securing a compensation agreement and full payment of over 300,000 yuan. The same logic applies to aquaculture farms: the construction period, prevailing policies at the time, and historical attitudes of village collectives and townships all constitute evidence of rights. However, the practice of zero compensation for structures classified as illegal cannot withstand review or litigation challenges. Note: Any construction or expansion carried out after the closure announcement is not subject to compensation. **Fourth Level: Procedural Combination and Accountability** For those who disagree with the closure decision, they may file an administrative review within 60 days or initiate administrative litigation within six months. In cases where closure orders were disguised as demolition orders, litigants can request confirmation of the demolition's illegality and claim state compensation. In our firm's demolition cases, emergency demolitions during the review period were ultimately ruled illegal, and settlements and compensation were achieved through review and litigation processes. This approach also applies to aquaculture farm demolitions. The key steps are: 1. First, identify and document flaws in the illegal construction determination and procedural irregularities. 2. Then address compensation and restitution issues in the correct order.

IV. Practical suggestions and legal basis

The first step is to immediately collect the breeding registration, epidemic prevention qualification certificate, environmental impact assessment, business certificates, and on-site images upon receiving the notice of closure. The second step is to apply in writing for the disclosure of the delineation documents of the prohibited breeding areas and compensation policies. The third step is to file a review and litigation against the illegal decision on time, and to require the authorities to fulfill their legal duties regarding compensation applications. The fourth step is to conduct a batch-by-batch inventory and documentation of the livestock on the farm and take photos before their disposal. The main legal basis: Article 25 of the "Regulations on Pollution Prevention and Control of Large-Scale Livestock and Poultry Breeding" (effective from January 1, 2014), Article 8 of the "Administrative Licensing Law of the People's Republic of China", Article 20 of the "Administrative Review Law of the People's Republic of China" (revised in 2023), and Article 46 of the "Administrative Litigation Law of the People's Republic of China"; the specific application shall be subject to the currently effective provisions.

5. Henglu Law Firm's Advice

Three key points for protecting rights against forced closure of farms: 1. Environmental shutdowns do not equate to uncompensated closures. The regulations explicitly stipulate that the government must provide compensation according to the law. 2. All legal operating procedures and historical construction evidence must be documented in advance. Before clearing the farm, a full inventory and record-keeping must be conducted. 3. For decisions on zero compensation, initiate timely appeals and legal actions to confirm the illegality of the decision as a prerequisite for claiming compensation. For matters related to the closure and compensation of farms, you can seek assistance through the following channels:Land expropriation and demolition, and administrative litigationThe service obtains an overall solution, and the calculation of the losses of the operating contract can be integrated into it.Business and contract disputes in enterprisesFor the issue of the ownership of the land used for kennels, you can refer to the relevant provisions in the "Regulations on the Administration of Animal Husbandry" issued by the Ministry of Agriculture and Rural Affairs.Real estate transactions and construction projectsFor those interested in the enforcement of compensation payments, you can pay attention to this columnCreditor's rights and debts, and enforcementFor those who need guidance throughout the entire process, please feel free to ask for helpSpecial services.

VI. Frequently Asked Questions

Q1: Can the operators of venues built before the designation of prohibited breeding areas claim the right to rely on legitimate expectations?

Yes. Those that were legally built and operated before the designation are within the scope of administrative licensing trust protection, and their closure should be compensated according to law; the newly built, renovated, and expanded parts after the designation are not included in the compensation scope.

Q2: What should I do if I only receive an oral notice but no written decision?

First, fix the content of the notice through recording and witnessing, then apply in writing for the disclosure of the demarcation documents and request to fulfill the compensation obligations. Use the written reply from the authority to identify the subject and content of the action, and create the object for the review and litigation.

Q3: If we can't reach an agreement on compensation, can we refuse to shut down the business?

You can assert your rights according to the procedures, but do not engage in passive resistance. The correct approach is to request a review of the lawsuit on schedule and apply for compensation, while avoiding new investments and rush construction, to prevent being retroactively classified as illegal.

Q4: How to deal with the livestock and poultry in the inventory so as not to suffer losses?

Count and inventory the goods, take photos and videos of each batch, and keep the quarantine and transaction records; check the pricing basis for government-organized purchases, keep the transaction receipts for self-disposal, and use them as evidence of inventory losses.

Q5: How to deal with the demolition of a marketplace without compensation under the guise of illegal construction?

The review shall determine whether the subject's authority, the factual basis, and the procedures (investigation, notification, hearing, and reminder) are legal, and the evidence of historical causes shall be submitted simultaneously; and the demolition of illegal structures shall be carried out after confirming the illegality and claiming compensation.

The above content is based on the compilation of judicial practices in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglu Law Firm for specific situations.

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·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open 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. If you encounter disputes, please consult a practicing lawyer in time.