Legal Measures for Resolving Disputes Over the Use of Public Utilities and Public Services in Land Allocation Areas

Abstract

This article aims to 1) study the concepts, theories, judgments, legal measures, and research in Thailand and abroad; 2) study the problems of fact and legal issues; 3) study, analyze, and compare Thai and foreign laws regarding dispute resolution regarding the use of public utilities and public services in land allocation areas; and 4) apply appropriate legal measures of the country to Thai laws. This is a qualitative research that studies documents, legal texts, academic texts, research, and electronic media in Thailand and abroad. Focus group discussions are conducted along with in-depth interviews with a total of 5 sample groups: mediators, housing estate project owners, housing estate juristic person committees, housing estate juristic person members, and academics.

The research results found that: 1. The concepts used in the problem analysis are concepts and theories regarding dispute resolution, land allocation, and the process of establishing housing estate juristic persons. 2. In Thailand, there is no law requiring the establishment of a dispute resolution organization, no qualifications for those responsible for dispute resolution, and no criteria for dispute resolution regarding the use of public utilities and public services in land allocation areas. 3. Under US law, homeowner associations are established with more authority than housing estate juristic persons in Thailand. 4. The researcher therefore recommends that an organization or a provincial committee be established to resolve disputes by adding the Land Allocation Act of 2000, Chapter 7, on the Resolution of Disputes over the Use of Public Utilities and Public Services in New Land Allocation Areas, and specifying the qualifications of those responsible for resolving disputes, including the criteria for resolving disputes, to solve problems of the use of public utilities and public services in land allocation areas accurately and precisely. The new knowledge gained from this work is the process of establishing an organization or appointing a provincial committee to resolve disputes.