Legal Status Concerning the Immovable Estates of State Railway of Thailand

Abstract

Making the public service dealing with communication of rail system transportation is one of the key public services which the government must make available to the population because it’s a development of the quality of life of the population, economic development and security of the country. The government has vested the power on the State Railway of Thailand, as a governmental public enterprise and has the status as a juristic person in accordance with the public limited law for the organization of the State Railway of Thailand Act B.E. 2494 as the entity to proceed with making the said public service on the government’s behalf with its estates as one of the crucial instruments in making the public services to carry on well.  The State Railway of Thailand has a large number of immoveable estates and are produced for exploitation differently. From the study, it’s found that certain kinds of immovable estates were exploited of the estates meeting with their legal statuses such the train station situation site land, the railroad tract situation land for instances. And certain kinds of immovable estates were exploited on the estates not meeting with their legal statuses such as the land parcel produced for commercial lease to a private person for instance, therefore, it’s expedient to make the revocation of the legal statuses for the said estate so they correspond with the exploitation of the estates and in respect of the protection of the immovable estates of the State Railway of Thailand it’s found that the protection has not yet been sufficiently covered. Since the immoveable estates of the State Railways of Thailand are public estate and the national land parcels, therefore, must be protected and conserved of the governmental interests, the public interests, to yield optimal benefits. And on the matter of producing immovable estates for lease is an act within the scope of objectives following the State Railway of Thailand Act B.E. 2494 consideration must be given on the objectives of the lease which must be involved and of interest to SRT business operation and must with lease term which is not too long to the extent that the same makes the State Railway of Thailand loose the interest on usage of the immoveable estates for the State Railway of Thailand train operation business.