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Expropriation of Immovable Property Act
Expropriation and Acquisition of Immovable Property Act B.E. 2562 (2019)
The information is reviewed and updated monthly against official sources.
In short
Thailand's 2019 Expropriation and Acquisition of Immovable Property Act lets the state compulsorily acquire land for public purposes through a royal decree and statutory procedure, while guaranteeing owners fair compensation, the right to negotiate, and routes to object and appeal.
s.4 (Definitions / scope): Key definitions and covered property
The Act sets out core terms it relies on, including immovable property, the acquiring state agency, the official in charge, and compensation. It covers not only land taken but also buildings, structures and perennial plants on that land, framing the scope of what the state may acquire and what owners may be paid for.
s.7 (Public purposes): Public purposes justifying expropriation
Land may be taken compulsorily only for recognized public uses. These include public utilities, national defense, transport and roads, resource and agricultural development, town and country planning, and similar state needs. Private property cannot be expropriated for purely commercial benefit outside a genuine public objective.
s.8 (Royal decree designating the area): Royal decree fixing the land to be acquired
An expropriation begins with a royal decree authorizing officials to survey a defined area for a stated public purpose. The decree identifies the responsible agency, the boundaries concerned, and the period of its effect, giving public notice that specific land may be subject to acquisition.
s.11 (Survey and entry onto land): Right of officials to enter and survey
Authorized officials may enter the designated land to measure, inspect and assess it after giving the occupier reasonable advance notice. They must act during appropriate hours and avoid needless damage. Any harm caused during the survey itself entitles the affected person to separate compensation.
s.19 (Compensation committee): Committee that fixes compensation
A committee appointed by the responsible minister determines the compensation for each property. It reviews officials' inspection reports, local price data and the owner's situation, then sets an amount intended to be fair. The committee's valuation is the starting basis for offers and any later objection.
s.20 (Factors for determining the amount): Criteria for assessing fair compensation
Compensation should reflect the property's market value at the relevant date, considering its condition, location, current use, official appraised price and gains the surrounding area may receive from the project. The aim is an adequate, equitable sum that restores the owner's position, neither under- nor over-compensating.
s.21 (Agreement to purchase): Negotiated purchase before forced taking
Before resorting to full expropriation, the agency must try to buy the property by agreement at the committee-fixed price. If the owner accepts and signs, ownership transfers and payment follows within the set period. This negotiated route is preferred and speeds payment compared with contested proceedings.
s.26 (Payment of compensation): Time and manner of payment to owners
Once an agreement is signed or the amount is finalized, the agency must pay the owner within the statutory period, typically a set number of days. Late payment accrues interest in the property owner's favor. Payment is generally a precondition before the state takes actual possession of the land.
s.28 (Tenants and other interest-holders): Compensation for lessees and lawful occupiers
People with lawful interests beyond ownership, such as registered lessees, mortgagees or holders of usufruct, may claim compensation for losses caused by the taking. Where a lease is cut short or relocation is forced, the affected party can recover a fair share, allocated separately from the owner's award.
s.31 (Deposit of unclaimed or disputed funds): Depositing compensation when payment is blocked
If the owner cannot be found, refuses the money, or the entitlement is disputed, the agency deposits the compensation with an official depository or bank. This deposit protects the owner's claim, lets the state proceed lawfully, and the funds remain available to whoever is later confirmed entitled to them.
s.35 (Objection to the Minister): Owner's objection over the amount
An owner who finds the offered compensation inadequate may submit a written objection to the responsible minister within the prescribed deadline. The minister reviews and may revise the amount. This administrative step is the required first stage before the dispute can be taken to court.
s.36 (Court appeal): Right to challenge compensation in court
If the owner remains dissatisfied after the ministerial decision, or none is issued in time, they may bring the matter to court within the statutory period. The court can independently determine a fair amount. This judicial route safeguards owners against undervaluation by the administering agency.
s.40 (Transfer and registration to the state): Vesting of ownership in the state
Once compensation is paid or duly deposited, ownership of the expropriated land passes to the acquiring agency and the land registry is updated accordingly. Existing encumbrances are addressed through the compensation process, and the former owner loses title but keeps any unresolved claim to a correct amount.
s.43 (Urgent possession): Early possession in urgent cases
Where a project is urgent and a decree so provides, the agency may take possession before full settlement, provided it pays or deposits the assessed compensation first. Even in urgent cases the owner keeps the right to contest the amount, so urgency speeds possession but does not waive fair payment.
s.50 (Return of unused land): Return when land is not used for the purpose
If expropriated land is not used for the stated public purpose within the set period, or the project is abandoned, the former owner or heirs may apply to buy it back. The repurchase price is calculated under the Act, giving owners a remedy against takings that never serve their declared aim.