If you have received compensation when the State reclaims land, can you still file a lawsuit?
My land plot is subject to the State's land acquisition for a road construction project. I have received the decision approving the compensation plan and I realize that the compensation amount I receive is very low, not in accordance with the law. So I would like to ask, if I receive the compensation, do I have the right to sue for more compensation?. The concern of Mr. Le Tuan Anh (Hoang Mai, Nghe An).
Reply:According to the provisions of Clause 1, Article 237 of the 2024 Land Law,“Land users, people with rights and obligations related to land use have the right to complain and sue administrative decisions and administrative acts on land management.”, including the decision to approve compensation, support and resettlement plans.
After receiving the decision approving the compensation, support, and resettlement plan and receiving payment, the person whose land is recovered has the right to complain or file a lawsuit if he/she believes that the compensation and support are not in accordance with regulations because receiving compensation does not mean losing the right to complain or file a lawsuit.
Thus, after receiving the money, if you discover any errors in determining the level of compensation or support, or have grounds to believe that your legitimate rights and interests have been violated, you have the right to complain or file a lawsuit to request a review of the level of compensation or support. Please note the statute of limitations for filing a lawsuit so that the Court can resolve it according to regulations.
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