Recently, solicitor Liu Yang of JAVY Law Firm successfully represented a client in a complex administrative dispute concerning compensation for the expropriation of state-owned land use rights, demonstrating exceptional professional competence and extensive case experience. By pursuing both administrative reconsideration and direct negotiations with the government, he ultimately secured over 30 million yuan in reasonable compensation for the client. This represented more than double the initial compensation proposal, effectively safeguarding the client's legitimate rights and interests.
01 Case Background
As an enterprise participating in a local government investment promotion project, a certain comprehensive testing company lawfully acquired the usage rights to 20,000 square metres of state-owned Grade II public welfare forest land in 2019, intending to develop a motor vehicle testing station project. During project advancement, the company completed preliminary preparatory work including geological surveys and design, investing substantial human, material, and financial resources. However, the local Railway Office and Natural Resources Bureau abruptly issued land use control notices prohibiting construction. Furthermore, a government project had occupied 500 square metres of the company's land without compensation and without prior consultation. The government initially offered only approximately 10 million yuan in compensation. Feeling its rights had been infringed, the company resolved to pursue legal avenues to safeguard its legitimate interests.
02 Lawyer's Intervention: Key Victory in Administrative Review
Upon accepting the mandate, solicitor Liu Yang promptly assembled a specialised legal team to conduct a comprehensive and meticulous review and analysis of the case. Through in-depth research and evidence gathering, the team swiftly identified clear violations by the government in the expropriation procedures and compensation standards. Based on these illegalities, solicitor Liu decided to first file an administrative review application with the relevant authority to rectify the government's unlawful actions and lay the groundwork for securing reasonable compensation.
Throughout the administrative review process, Attorney Liu, drawing upon his robust legal expertise and extensive practical experience, vigorously argued the case, thoroughly articulating the procedural and compensatory deficiencies in the government's expropriation actions. Following rigorous argumentation and repeated debate, the administrative review body ultimately accepted Attorney Liu's principal arguments. It determined that the government's expropriation actions were procedurally unlawful and involved unfair compensation, ordering the government to re-examine the compensation matters. This successful administrative review outcome established a crucial foundation for subsequent negotiations with the government, giving the client hope for securing reasonable compensation.
03 Multiple Rounds of Negotiation: Securing Full Compensation Through Settlement
Following the successful administrative review, the legal team promptly initiated negotiations with the local government. Throughout these discussions, the team adhered steadfastly to the principle of ‘grounding arguments in facts and upholding legal standards,’ insisting that an objective and impartial valuation of the land and its fixtures be conducted by a professional appraisal agency to determine the compensation amount.
Through persistent advocacy, the local government ultimately agreed to commission a third-party professional appraisal agency to assess the disputed land. The appraisal revealed the market value of the land and its surface structures exceeded 30 million yuan. Following relentless efforts, both parties reached a settlement agreement whereby the government agreed to pay full compensation based on the appraised value, thereby recovering substantial financial losses for the client.
The successful representation in this case not only provides valuable experience for resolving similar administrative disputes but also fully demonstrates Jialu Law Firm's professional capability and strength in handling complex administrative disputes. Moving forward, Jialu Law Firm will continue to uphold its service philosophy of ‘client-centricity and law as our weapon’, continuously enhancing its professional standards and service quality to provide more clients with high-quality, efficient legal services. This will help resolve various administrative disputes and uphold social fairness and justice.
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