Problems of Restrictions on the Utilization Rights of Land Owned by Farmers through Agricultural Land Reform: A Case Study of Purchased Land by the Agricultural Land Reform Office

Abstract

          This research article examines legal issues concerning restrictions on the use of land acquired by farmers through agricultural land reform, with particular reference to purchased land administered by the Agricultural Land Reform Office (ALRO). Such land may become the full ownership of farmers upon completion of installment payments under agricultural land hire-purchase agreements. The objectives of this study are: (1) to analyze the legal status of land acquired through agricultural land reform; (2) to examine the scope of farmers’ land-use rights after obtaining ownership through the land reform process; and (3) to propose legal measures for improving the effectiveness of land-use regulation in relation to such land. This study adopts a qualitative research methodology based on documentary research, examining Thailand’s agricultural land reform laws, principles of ownership and restrictions on property rights, the rule of law, and comparative legal perspectives from Japan.

          The findings indicate that although farmers have acquired ownership of purchased land, such land should continue to be regarded as part of the agricultural land reform system, since no legal provision expressly terminates such status upon the transfer of ownership. Furthermore, farmers’ land-use rights are not absolute in the same manner as ordinary private land ownership, but remain subject to specific legal restrictions consistent with the objectives of agricultural land reform law, namely that the land must primarily be used for agricultural purposes. However, the Agricultural Land Reform Act B.E. 2518 does not clearly prescribe the legal status of such land after ownership transfer, nor does it clearly define the scope of farmers’ rights and obligations or provide an explicit legal basis authorizing ALRO to monitor and regulate land use following the transfer of ownership. This legislative gap undermines the continuity and effectiveness of agricultural land reform outcomes.

          The study proposes amendments to the Agricultural Land Reform Act B.E. 2518 to formally recognize the legal status of land acquired through agricultural land reform, clarify farmers’ rights and obligations regarding land use, and establish a clear statutory basis for ALRO to supervise and regulate post-transfer land use in accordance with the principles of the rule of law, and protection of farmers’ rights.