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Закон про експропріацію нерухомого майна
Expropriation and Acquisition of Immovable Property Act B.E. 2562 (2019)
Цей матеріал підготовлено за допомогою штучного інтелекту і не є юридичною консультацією. Перевірте ключові умови з ліцензованим юристом.
Відповідальний за зміст: Леонид Устинов, Aster Of Asia Co., Ltd.
Інформація оновлюється щомісяця за офіційними джерелами.
Коротко
Держава може вилучити землю для суспільних потреб за королівським указом, гарантуючи справедливу компенсацію, переговори й право на оскарження.
expropriation-purpose-and-public-interest: Purpose and public-interest basis of expropriation
Under the 2019 Act, the State may compulsorily take immovable property only for defined public purposes, such as infrastructure, public utilities, defence, or other state projects. The taking must be authorised by law and justified by genuine public need. A foreign owner or lessee of Thai property is exposed to this power in the same way as a Thai owner.
expropriation-enabling-royal-decree: Royal Decree authorising an expropriation
Expropriation is initiated through a Royal Decree that identifies the project, the purpose, and the area affected. The decree is published, and its publication starts the legal process. Owners should check whether their parcel falls inside the designated zone, since the decree defines the land that may be taken and the period within which action must occur.
survey-and-entry-onto-land: Survey and entry onto land
Once a project is planned, officials may enter private land to survey, measure, and assess it, usually after giving notice to the owner or occupier. Entry must be limited to what the project needs. If the survey causes damage, such as harm to crops or structures, the owner may seek compensation for that loss.
compensation-principle-fair-and-adequate: Principle of fair and adequate compensation
Compensation should be fair and sufficient to place the affected person in a position comparable to the one before the taking. It is meant to reflect market conditions, the character of the property, and losses caused by the project. Academic commentary notes that agencies lack detailed discretionary guidelines, which can lead to disputes over whether payments are truly adequate.
compensation-for-land: Compensation for expropriated land
Land is valued by reference to its market price at the relevant date, taking into account location, use, access, and comparable transactions. A valuation committee typically sets the figure. Owners holding land with limited title documents may face additional questions about what rights are recognised and therefore what amount is payable.
compensation-for-buildings-and-fixtures: Compensation for buildings and other structures
Buildings, fences, and other fixtures on the taken land are assessed separately from the land itself. Value is generally based on construction cost less depreciation, plus consideration of removal or relocation costs. Condominium units and houses owned by foreigners are treated according to the actual ownership rights held under Thai law.
compensation-for-perennial-plants-and-produce: Compensation for perennial plants and their produce
Trees and long-lived crops are compensated by estimating their age, type, condition, and expected yield. Produce lost because of the taking may also be considered. Agricultural owners, including those with plantations held through Thai structures, should document planting records and yields to support their claims.
compensation-for-affected-remaining-property: Compensation for remaining property affected by the taking
When only part of a holding is taken, the remaining property may lose value or utility, for example through loss of access or an awkward shape. The Act recognises that such effects can justify additional compensation. Owners should present evidence of the decline, as commentary indicates that the rules for this category are not fully developed.
valuation-committee-and-determination: Valuation committee and determination of amounts
A committee appointed under the Act determines compensation, relying on appraisals, market data, and the factors the law lists. Its decision is communicated to the owner in writing. Owners may attend, supply their own valuations, and negotiate, since the initial figure is a proposal that can be challenged if it appears too low.
agreement-and-transfer-of-ownership: Agreement and transfer of ownership
If the owner accepts the offered compensation, an agreement is made and ownership or the relevant right passes to the State upon payment according to the statutory procedure. The owner then must vacate within the set time. Accepting payment without reservation may affect later claims, so legal advice before signing is prudent.
objection-and-appeal-of-compensation: Objection and appeal regarding compensation
An owner dissatisfied with the amount may lodge an objection with the competent authority within the prescribed period, which is relatively short. Further review is available through the appeals mechanism in the Act and, ultimately, the courts. Missing deadlines can forfeit rights, so prompt action and proper documentation are essential.
deposit-of-compensation-when-refused: Deposit of compensation where the owner refuses or cannot be found
If the owner refuses payment, disputes the amount, or cannot be located, the authority may deposit the compensation in the manner the law prescribes so that the taking can proceed. The deposit does not prevent the owner from later challenging the amount. Absentee foreign owners should keep their contact details current with the land office.
return-of-unused-expropriated-property: Return of property not used for the stated purpose
If expropriated property is not used for the project within the period the Act sets, the former owner may have a right or opportunity to reclaim it, usually by repaying the compensation received. This guards against takings that are not genuinely needed. Former owners should monitor the use of the land after the taking.