The Legal Problems in Real-Estate Compensation Determination According to Expropriation and Acquisition of Immovable Property Act, B.E. 2562 (2019)

Abstract

This research aims to, first, analyze the rules of compensation determination for expropriated immovable properties under the Expropriation and Acquisition of Immovable Property Act, B.E. 2562 (A.D. 2019), including lands, perennial plants and their products, and non-expropriated realties which are affected by the expropriation, and second, provide some suggestions to those rules. The method of this research focuses on the documents, summarization of every piece of information related to the compensation determination, and comparing the foreign cases to the domestic cases, which the current Thai law doesn't cover the damages from the expropriation. This research finds that the cost to compensate for the damages from expropriation, being done by the government agency, must be appropriate and adequate to reinstate that property back to its former state. However, Thai government agencies don't have any discretionary rules to determine the compensation for the lands, the immovable properties on the expropriated lands, and other benefits that are lost by the process of expropriation. That leads to several cases of inadequate and unjust compensation.