Problem of Law on Expropriation and Acquisition of Immovable Property: A Case Study of the Period in Operation of the Committee to Perform the Duty of Determining the Initial Price of Immovable Property and Compensation

Abstract

Background and Aims: The Act on Expropriation and Acquisition of Immovable Property B.E. 2562 (2019), Section 21, Paragraph One, and Paragraph Two, has a significant legal problem: when the official has appointed the committee to perform the duty of determining the initial price of immovable property and compensation, but the work of the committee has not been completed within the period of one hundred and eighty days from the date of appointment as provided in Section 21, paragraph one. Later, the approval was given to extend the period by another ninety days. However, the committee has not completed its duties within the period determined in Section 21, paragraph two. In this case, can the said committee continue to perform its duties? How? And what should be done to have a legal effect? This research aims to find ways to amend and improve the Act on Expropriation and Acquisition of Immovable Property B.E. 2562 (2019) under Section 21. The results will lead to the amendment of the period of the operation for the committee to perform the duty of determining the initial price of immovable property and compensation.

Methodology: This study is qualitative research by searching books, textbooks, theses, research articles, academic articles, and other documents related to the law on expropriation and acquisition of immovable property, including the decisions of the Supreme Administrative Court, the Supreme Court, and the Committee of the Council of State. This research aims to study the issues related to the performance of the committee in performing the duty of determining the initial price of immovable property and compensation. This research has research processes by studying and collecting such data and comparing the obtained data with foreign laws, along with legal concepts and theories, to find an answer consistent with the legal principles of expropriation and acquisition of immovable property.

Result: This research found that the problems related to the determination of the initial price of immovable property under Section 21 are the issues under Section 21, paragraphs one and two, which provide that the committee performs the duty of determining the initial price of immovable property and compensation (the committee) shall determine the initial price of immovable property within the area of the land be expropriated within one hundred and eighty days from the date of appointment, which is under Section 21, paragraph one. Section 21, paragraph two, provides that in the event of necessity and the committee cannot determine the initial price of immovable property within the provided period, to solve the problem, the Minister may approve an extension of the period not exceeding ninety days by making an announcement and notifying the reasons for the extension. This research is consistent with and in line with the objectives of this research, which aims to address the issues in Section 21 as mentioned above.

Conclusion: If the provisions of Section 21, paragraph 4, and Paragraph Five are amended according to the suggestion of this research, the problems that have arisen shall be resolved. The committee shall be able to perform the duty to determine the initial price of immovable property and compensation within the area of land to be expropriated to complete and achieve the objectives of the expropriation. It will enable the expropriated persons, who are the owners or possessors of the immovable properties, to be compensated by receiving compensation for the expropriation of the immovable property, and it shall help alleviate the suffering of the expropriated persons, who are the ones who sacrifice for the general interest.