Translation
IMMOVABLE PROPERTY EXPROPRIATION ACT,
BHUMIBOL ADULYADEJ, REX.
Given on the 10th Day of August B.E. 2530;
Being the 42nd Year of the Present Reign.
His Majesty King
Bhumibol Adulyadej is graciously pleased to proclaim that:
Whereas it is expedient to revise the law on immovable
property expropriation;
Be it, therefore,
enacted by the King, by and with the advice and consent of the National
Assembly, as follows:
Section
1. This Act is called the “Immovable
Property Expropriation Act, B.E. 2530”.
Section
2. This Act shall come into force
as from the day following the date of its publication in the Government
Gazette[2].
Section
3. The Immovable Property
Expropriation Act, B.E. 2497 (1954) shall be repealed.
Section
4. In this Act:
“Expropriation”
means compulsory acquisition of land or other immovable properties under the
provisions of this Act;
“Officer”
means Ministry, Sub-Ministry, Department, local administration, State
enterprise or any person acting for the benefit of the State that having the
power to engage in, or control of, an expropriation;
“Local
Assembly” means Changwat[3] Assembly, Municipality Assembly, Tambon[4] Assembly, Bangkok Metropolitant Assembly, Khet[5] Assembly, Pattaya City Assembly, Sanitary Committee[6] or any other local assembly established under the
law, as the case may be.
CHAPTER I
Immovable Property Expropriation
Section 5. In the case where there is necessary for
the State to acquire any immovable property for the provision of any necessary
public utility or national defense, for the acquisition of natural resources,
for town and city planning, for the development of agriculture, industry or
land reform, or for other public purposes, if the transfer of ownership of such
immovable property is not agreed upon otherwise, the expropriation under this
Act shall apply.
Though the provisions on
expropriation are existed in any other specific law, the Council of Ministers
may, if it thinks fit, have a resolution that the expropriation shall be
conducted under the provisions of this Act.
For the purpose of the
expropriation under paragraph one, the Royal Decree on demarcation of the area
to be expropriated may be enacted prior to the expropriation.
Section 6. The Royal Decree on demarcation of the
area to be expropriated shall consist of the followings:
(1) purposes of the
expropriation;
(2) expropriation
officer;
(3) demarcated area to
be expropriated as necessary.
The map or plan that
demarcate the area to be expropriated and all land plots within the demarcated
area shall be made and annexed with the Royal Decree and shall be deemed as an
integral part of the Royal Decree.
The Royal Decree shall
be in force for two years or within the period as specified therein; but no
longer than four years, if there is necessary for the survey of land to be
expropriated.
Section 7. When the Royal Decree enacted under
section 6 comes into force, the officer or his entrusted person shall post the copy
of the Royal Decree together with its annexed map or plan to be seen by the
public at the following places:
(1) Office of the officer;
(2) Bangkok Metropolitan Administration, Khet
Office, Khwaeng Office, Changwat Office, Amphoe or King-Amphoe[7] Office, Tambol Office, Village Master
Office, as the case may be, where the immovable property to be expropriated is
located;
(3) Changwat Land Office and Amphoe
Land Office where the immovable property to be expropriated is located.
Section 8. Within the enforcement period of the
Royal Decree enacted under section 6, the office or his entrusted person shall
have the power to enter into the land or other immovable properties within the
demarcated area specified in the map and to do any act as necessary to survey,
and to obtain certain information relating to, immovable property to be
expropriated, but he shall have written notice to the owner of, or the person
who legally takes possession of, that immovable property on details of his
operation at least fifteen days prior to the date he starts the operation. In this regard, the owner of, or the person
who legally takes possession of, that immovable property shall be entitled to
compensation for any damage incurred during the course of the aforesaid
operation.
Section 9. When the Royal Decree enacted under
section 6 comes into force, the officer or his entrusted person shall complete
the survey in order to obtain certain information relating to immovable
property to be expropriated within one hundred and eighty days. If the expropriation shall be made for the
construction or expansion of the road, rail, motorway, irrigation canal or the
likes, the survey shall complete within two years as from the date the Royal
Decree comes into force.
When any or all part of
the survey has completed, the officer shall, within thirty days as from the
completion date of that survey, propose the Minister having charge and control
of the execution of the Royal Decree to appoint the Committee comprising a
representative of the officer, a representative of the Land Department, a
representative of other State agency and a representative of the local assembly
in order to appraise the estimate price of immovable property to be
expropriated and the amount of compensation to be paid to the person under
section 18.
In the case where the Royal Decree enacted
under section 6 cover any local administration, there shall also be a
representative of each local administration in the Committee under paragraph
two.
In an appraisal
of the price of immovable property to be expropriated and the amount of
compensation to be paid, regard shall be had to the rules under section 18,
section 21, section 22 and section 24.
The appraised price and compensation shall be completed and published at
the place under section 7 within one hundred and eighty days as from the date
the Committee has been appointed.
If the aforesaid duty
shall not be completed within the period under paragraph four upon necessary
ground, the Committee may ask the Minister having charge and control of the
execution of the Royal Decree to extend the aforesaid period but no longer than
one hundred and eighty days.
Section 10. While the Royal Decree enacted under
section 6 being in force, the officer or his entrusted person shall have the power to deal with the owner of, or the person who legally
takes possession of, immovable property to be expropriated with a view to buy
that immovable property, to negotiate the price of, or compensation to be paid
for, that immovable property, and to buy or pay compensation in accordance with
the procedure to be mentioned. That price
or compensation shall not exceed the price appraised by the Committee under
section 9.
If the deal to buy
immovable property under paragraph one is success, but the amount of
compensation is unable to agree, the owner of, or the person who legally takes
possession of, that immovable property may collect the compensation in an
amount equal to the price appraised by the Committee under section 9 and
reserve the right to appeal for more to the Minister under section 25. In this case, the officer or his entrusted
person shall conclude the sale contract with such reservation and pay compensation
in an amount equal to the appraised price to the owner of, or the person who
legally takes possession of, that immovable property.
Section
10 bis.[8] If it appears to the Minister having charge and
control of the execution of the Royal Decree enacted under section 6 that the
land price goes up high after the appraised price of the land to be
expropriated, wholly or partly, has been notified and the price of immovable
property paid by the officer under section 10 or the price of immovable
property appraised and notified by the Committee under section 9 becomes unfair
to the person under section 18, the Minister shall, with approval of the
Council of Ministers, order the Committee under section 9 or the Committee
which has been newly appointed in accordance with the rule under section 9 to
justify the price of immovable property or the appraised price in accordance
with the rules and conditions approved by the Council of Ministers. The justified price of immovable property
shall be deemed the sale price as agreed upon and the justified price shall be deemed
the price appraised by the Committee under section 9, as the case may be.
The
officer or his entrusted person shall have written notification; within one
hundred and twenty days as from the date the justified price has been
published, to the entitled person to collect the additional price. In this case, section 28 paragraph two and
section 33 shall apply mutatis mutandis.
Once any
person enjoys the justification of the price under paragraph one, the order to re-justify
the price for that person shall not be made.
Section
11. If the deal to buy immovable property under section 10 is success, the officer or his entrusted person shall,
within one hundred and twenty days as from the date of sale contract has been
made, pay the total amount of the price specified in the contract to the owner of, or the person who legally takes
possession of, that immovable property.
In making
of the sale contract, the officer or his entrusted person shall, in the case where
such immovable property is the land with title deeds, have written notice to
the registrar under the Land Code for inscription of that sale into the title
deeds. In this case, the registrar shall
inscribe the sale in both title deeds kept at the Land Office, Amphoe
Land Office or King-Amphoe Land Office and title deeds hold by the
person who is entitled to that land.
Such inscription shall be deemed as the registration of right and
juristic act under the law and this sort of inscription is exempted from all fee
and revenue stamp. The date on which the
payment under paragraph one is made shall be deemed the date that immovable
property is transferred.
The registrar
under section 71 of the Land Code shall, for the purpose of this inscription, have
the power to summon the title deeds hold by the owner of, or the person who
legally takes possession of, that immovable property and to conduct the
inscription therein. In this case, the
owner of, or the person who legally takes possession of, that immovable
property may submit that title deeds to such officer by hand or by advice of
delivery mail.
Section 12. If the immovable property under the sale
under section 10 has no land title deeds, the officer shall appoint a Committee;
comprising Nai Amphoe or Palad Amphoe acting as Head of King-Amphoe
of the locality where such immovable property is located or Amphoe Land
Officer or King-Amphoe Land Officer or his representative, Head of the
Village of the locality where such immovable property is located and a
representative of the officer, to investigate that who is the person entitled
to such immovable property. Once that person has known to the Committee, the
sale contract under section 11 shall be concluded.
The provisions of the
Land Code related to survey shall apply to the investigation under paragraph
one mutatis mutandis.
Section 13. If it appears, after the enactment of the
Royal Decree under section 6, to the officer that any delay of expropriation
may seriously cause hindrance to economic and social development or to any
significant benefit of State, the Council of Ministers shall have the power to
publish in the Government Gazette that that expropriation is urgency and
necessity.
The officer or his
entrusted person shall, upon the publication under paragraph one, have the
power to take possession or use that immovable property prior to expropriation under
the conditions that written notice on this matter shall be given to the owner
of, or the person who legally takes possession of, that immovable property in
advance for not less than sixty days and the compensation appraised under section
9 shall be paid or deposited. In case of
land expropriation, such payment shall be made prior to the taking of
possession or using of that land. In
case of any other immovable property, if the price has been agreed upon, the
agreed price shall be paid but not exceeding the price appraised by the
Committee under section 9. If the price
is unable to agree upon, the officer or his entrusted person shall have the
power to take possession or use that immovable property after the compensation
has been deposited under section 31.
If it is necessary to demolish any construction, to displace of
property or to do any act relating to such expropriated immovable property, the
officer or his entrusted person shall, upon payment or deposit of compensation
under paragraph two, have written notice to the owner of, or the person who legally takes possession of, that
immovable property to conduct such demolition, displacement or act within the
period specified therein, but not less than sixty days as from the date the
notification has been sent. If the owner
of, or the person who legally takes possession of, that immovable property
fails to comply with such notice within the specified period, the officer or
his entrusted person shall have the power to do such act and the owner of, or
the person who legally takes possession of, that immovable property shall bare
all costs incurred therefrom. If any
extraordinary damage occurs during the course of possession or use of immovable
property in urgency and necessity case, the officer or his entrusted person
shall pay fair compensation for such damage additionally.
If it is unable to send the notice to the owner of, or the person who legally takes
possession of, immovable property, that notice shall be posted at a location where such immovable property is
located and at the places under section 7.
In this case, the time on which the officer or his entrusted person is
going to do under paragraph two or paragraph three shall be specified therein
which shall not less than seventy-five days as from the date the notice has
been posted.
Upon the completion of the procedure under
paragraph four, it shall be deemed that the notice has known to the owner of, or the person who legally takes
possession of, immovable property.
In an execution of the
provisions under paragraph two and paragraph three, section 10, section 11,
section 14, section 25, section 26, section 27, section 28, section 29 and
section 31 shall apply mutatis mutandis.
Section 14. The officer or his entrusted person shall, in an execution of
the provisions under section 13 paragraph three, have the power to maintain debris
of the demolished construction or displaced property at any place upon the cost
which shall be borne by the owner of,
or the person who legally takes possession of, that immovable property. If such
construction or property is perishable, or the keeping thereof risks of damage or
the maintenance cost thereof may exceed its price, the officer or his entrusted
person shall have the power to sell such construction or property at once by
auction or by other means as he thinks fit.
The net-income, after deduction of an expense incurred along the sale
procedure, shall be maintained in lieu of such construction or property.
In the case where the owner of, or the person who legally takes possession of, immovable
property fails to claim for such construction, property or money maintained in
lieu thereof within five years as from the date the demolition or displacement
has been conducted, such construction, property or money shall vest in the
State.
Section 15. When the accurate fact in relation to
immovable property to be expropriated has completely been gathered, the Act on
expropriation of such immovable property shall be enacted. In this Act, the plot of land or other
immovable property to be expropriated together with the name of the owner of,
or the person who legally takes possession of, such immovable property shall
also be prescribed therein.
The location of all
immovable properties to be expropriated shall be distinctly demarcated on the
map or plan annexed with the Act on immovable property expropriation and that
map or plan shall be deemed as an integral part of such Act.
The landmarks shall be installed around the
demarcated area prior to the enactment of the Act.
Section 16. The ownership of immovable property to be expropriated shall be
transferred to the officer on the date the Act on immovable property expropriation
enacted under section 15 comes into force, but the officer shall have the right
to take possession of or use that immovable property only upon payment or
deposition of compensation as prescribed by this Act.
If the expropriated immovable property is
subjected to mortgage, preferential right or any jus in rem, such
mortgage, preferential right or jus in rem shall expire, but the
mortgagee, the holder of preferential right or the beneficiary to such jus
in rem still entitles to the performance of debt or to obtain benefit from
the compensation to be paid for that immovable property. In this case, the request for the performance
of debt or for that benefit shall be made within sixty days as from the date
the written notification has known to him under section 28 or section 29, as
the case may be.
As from the date the Act on immovable
property expropriation under section 15 comes into force, if the person entitled
to that property transfers his right to the transferee, the transferee shall be
entitled only to the claim for compensation.
Section 17. In the case where the area to be
expropriated covers land where any Buddhist temple is located or land owned by
any Buddhist temple and it is necessary to acquire such land for the fulfilment
of the purposes of the expropriation, if the Act on immovable property expropriation
has been enacted under section 15, it shall be deemed that such Act is the Act
transferring of ownership of land where any Buddhist temple is located or land
owned by any Buddhist temple under the law on Buddhist Monk Administration.
CHAPTER II
Compensation
Section 18. The following person shall be entitled to compensation:
(1) owner of, or the person who legally takes
possession of, land to be expropriated;
(2) owner of tenement or other constructions which
are unable to demolish and existed on the land to be expropriated on the date
the Royal Decree enacted under section 6 comes into force or constructed later by
permission of the officer;
(3) lessee of land, tenement or other constructions
on the land to be expropriated, but the lease contract shall be made in writing
prior to the date the Royal Decree enacted under section 6 comes into force or
made later upon the permission of the officer and such contract stills valid on
the date the officer or his entrusted person takes possession of that land,
tenement or construction. The
compensation in this case shall merely be paid to the lessee who has to leave
that land, tenement or construction prior to the termination of that lease
contract;
(4) owner of perennial grew on the land on the
date the Royal Decree enacted under section 6 comes into force;
(5) owner of tenement or other constructions which
are able to demolish and existed on the land to be expropriated on the date the
Royal Decree enacted under section 6 comes into force, but that person is not
required to demolish that tenement or construction upon request of the land
owner. The compensation under (5) shall
be paid only for demolition, relocation and reconstruction;
(6) any person who lost his right of way or right
to lay down water-pipeline, drainpipe, electricity line or the like through the
land to be expropriated under section 1349 or section 1352 of the Civil and
Commercial Code and that person pays considerations in return for the use of
that right to the owner of the land to be expropriated.
Section
19. If any tenement or
construction is not expropriated entirely, the owner may request the officer to
expropriate the remaining if it is unusable.
If the
officer rejects the request, the owner shall, within sixty days as from the
date he receives the written rejection from the officer or his entrusted
person, have the right to appeal to the Minister having charge and control of
the execution of the Royal Decree enacted under section 6 or the Minister
having charge and control of the execution of the Act on immovable property
expropriation. The Minister shall
deliver the decision on such appeal within sixty days as from the date he
receives that appeal. If the decision is
not delivered within the specified period, it shall be deemed that the Minister
decides in favour of the owner.
The
decision of the Minister is deemed final.
In an
execution of the provisions under paragraph two, section 10, section 11 and
section 33 shall apply mutatis mutandis.
Section
20. In the case where there is
necessary to expropriate any part of the land, but the remaining part is less
than twenty-five square wa[9] or any side of the remaining land is shorter than
five wa[10] and the remaining part is not adjacent to any
other plot of land owned by the same owner, the officer shall, upon request of
the owner, expropriate or buy that remaining part.
In case of
buying, section 10, section 11 and section 33 shall apply mutatis mutandis.
Section
21. Unless otherwise prescribed by
any Act on immovable property expropriation, the followings shall be taken into
the consideration in determining the amount of compensation to be paid to the
entitled person under section 18:
(1) commercial price of immovable property to be
expropriated on the date the Royal Decree enacted under section 6 comes into
force;
(2) price of immovable property appraised for
collection of local tax;
(3) price of immovable property appraised for
collection of tax on registration of right and juristic act;
(4) conditions and location of that immovable
property;
(5) objectives and purposes of such expropriation;
such
regard shall be had to in order for balancing of justification between the
right of individual who has been expropriated and public benefit.
If any work
or act done on the course of expropriation causes the price of the remaining
part of that immovable property goes up high, such higher price shall be
deducted from the amount of compensation.
In this case, it shall be deemed that that price is not greater than the
amount of compensation in order to claim the differential from the owner of, or
the person who legally takes possession of, immovable property to be
expropriated.
If
immovable property has been expropriated in part and the price of the remaining
goes down low, compensation to be determined shall cover the price of that
remaining.
The
calculation for the high price under paragraph two or the low price under
paragraph three shall be in accordance with the rules and procedure prescribed
by the Royal Decree.
If the
owner of, or the person who legally takes possession of, immovable property to
be expropriated, lives or runs business or other legally works on the immovable
property to be expropriated and such person may be susceptible to damage on the
ground that he has to leave that immovable property, compensation for such
damage shall also be determined.
Section
22. In the case where the owner of
the land to be expropriated does not use that land for living or for running any
occupation or utilisation, compensation may be determined at the price lower
than the price prescribed in section 21 if the owner acquires that land within
five years prior to the expropriation, but the amount of that compensation
shall not lower than the price that the owner paid for the acquisition of such
land.
Section
23. In the case where the Act on
immovable property under section 15 has been enacted without the enactment of
the Royal Decree under section 6 and no provisions on compensation prescribed therein,
the Minister having charge and control of the execution of that Act shall,
within thirty days as from the day such Act comes into force, appoint a
Committee; comprising a representative of the officer, a representative of the
Land Department, a representative of any other State agency and a
representative of related local assembly, to determine the price of immovable
property to be expropriated and compensation to be paid to the person under
section 18.
The
Committee under paragraph one shall, within one hundred and twenty days as from
the date of its appointment, complete the determination of the amount of
compensation and the rules as prescribed in section 21 shall apply mutatis
mutandis. In this case, section 9
paragraph three and paragraph five, section 10, section 18, section 22 and
section 24 shall also apply mutatis mutandis.
Section
24. If the price of the land goes
up high because of the following properties, compensation for the higher price
shall not be calculated:
(1) tenement or construction built or constructed on,
or agricultural cultivation, development or lease on, that land after the date the
Royal Decree enacted section 6 comes into force without permission of the
officer, except planting of rice, farming or gardening done in regular manner;
(2) tenement or construction built or constructed on,
or agricultural cultivation, development or lease on, that land prior to the
date the Royal Decree enacted section 6 comes into force with an intention of
fraud for compensation.
Section
25.[11] The person
entitled to compensation under section 18 who does not satisfy with the price
of immovable property or the amount of compensation determined by the Committee
under section 9, section 10 bis, section 23 or section 28 paragraph
three may appeal to the Minister having charge and control of the execution of
the Royal Decree enacted under section 6 or the Minister having charge and
control of the execution of the Act on immovable property expropriation within
sixty days as from the date he receives the written notice from the officer or
his entrusted person to collect that compensation.
In
considering appeal, the Minister shall appoint a Committee to give him an
advice. Such Committee shall compose of
not less than five qualified members in field of law and immovable property
appraisal. The Minister shall deliver
his decision on such appeal within sixty days as from the date of receiving of
an appeal.
Section
26. In the case where the person
entitled to compensation who does not satisfy with the decision of the Minister
under section 25 or where the Minister fails to deliver his decision within the
period prescribed in section 25 paragraph two, that person shall have the right
to file the case to the Court within one year as from the date he receives the
decision of the Minister or at the expiration of the aforesaid period, as the
case may be.
The
exercise of the right under section 25 paragraph one or the paragraph one of
this section by the owner of, or the person who legally takes possession of, immovable
property does not suspend the authority of the officer or his entrusted person
in relation to the expropriation of that immovable property in taking
possession or use of that immovable property, demolition of construction,
displacement of property or any other act.
If the
Minister decides, or the Court rules, that additional compensation shall be
paid, the entitled person shall also be entitled to interest of that additional
compensation at the highest interest rate of the fixed-term account of the
Government Saving Bank since the date that compensation has to be paid or
deposited.
Section
27. In the case where the Minister
having charge and control of the execution of the Royal Decree enacted under
section 6 or the Minister having charge and control of the execution of the Act
on immovable property expropriation enacted under section 15 is of opinion that
the price of immovable property to be expropriated or the amount of
compensation to be paid to the entitled person under section 18 as determined
by the Committee under section 18 or section 23, as the case may be, is
exaggeratedly high compared to the result of calculation under the rule as
prescribed in section 9 or section 21, the Minister shall have the powers to:
(1) order that Committee to review the price of
immovable property to be expropriated or the amount of compensation to be paid;
or
(2) appoint the new Committee in accordance with
section 23 in replace of the appointed Committee.
CHAPTER III
Immovable Property Expropriation Procedure
Section
28. When the Act on immovable property expropriation under
section 15 comes into force, the officer or his entrusted person shall post the
copy of that Act together with its annexed map or plan and list of the owner of, or the person who legally takes
possession of, immovable property to be expropriated to be seen by the public at the places under
section 7 and other public places as he thinks fit and shall notify, in
writing, the person entitled to compensation under section 18 to collect the
compensation in an amount determined by the Committee under section 9 or
section 23, as the case may be, within the period specified therein, but not
exceeding one hundred and twenty days as from the date that Act on immovable
property expropriation comes into force in case or section 15 or as from the
date the amount of compensation has been determined by the Committee in case of
section 23. In this regard, section 13
paragraph four and paragraph five shall apply mutatis mutandis.
If
any entitled person fails to collect the compensation within the specified
period, or there is unable to pay compensation to the entitled person on the
ground that the ownership of, or any jus in rem over, the immovable
property to be expropriated is unclear, or the division of compensation to each
entitled person could not be made, the officer or his entrusted person shall,
without delay, deposit that compensation under section 31.
If
the Minister having charge and control of the execution of the Act on immovable
property expropriation is of opinion that the price of land goes up high and
the amount of compensation determined by the Committee under section 9 or
section 23 is not fair for the person under section 18, the Minister shall have
the power to increase the amount of compensation. In this case, section 10 bis shall
apply mutatis mutandis.[12]
Section
29. If immovable property to be
expropriated is subjected to mortgage, preferential right or any jus in rem,
the officer of his entrusted person shall have written notice to the mortgagee,
the holder of preferential right or the beneficiary to such jus in rem
to claim for his debt or claim for his right over the compensation for that
immovable property within sixty days as from the date he receives that notice. During the aforesaid period, the officer or
his entrusted person shall not pay compensation to the owner of, or the person who legally takes possession of, that
immovable property, but the officer or his entrusted person may pay
compensation to the mortgagee, the holder
of preferential right or the beneficiary to such jus in rem only upon
agreement settled among the concerned parties.
If the concerned parties are unable to settle that agreement, the
officer or his entrusted person shall deposit the compensation under section 31
without delay and shall have written notice to the concerned parties to bring
their claims to the Court.
Section
30. If paying or depositing of
compensation under section 28 or section 29 is made for immovable property
which may be demolished, the officer or his entrusted person shall pay or
deposit three-fourth of the total amount of compensation in advance and shall
notify the owner of, or the person who
legally takes possession of, that immovable property to demolish it within
sixty days as from the date he receives such notification. If that person fails to comply with the
notification, the officer or his entrusted person shall have the power to
demolish the property, and all costs incurred in the course of demolition shall
be deducted from the unpaid compensation and only the remaining compensation
shall be paid or deposited. In this
case, section 14 shall apply mutatis mutandis.
Section
31. In the case where compensation
for immovable property expropriation has to be deposited by whatever reasons,
that compensation shall be deposit to the Court, the deposit office or the
Government Saving Bank for, and in the name of, each entitled person. All interests or fruits incurred from such
deposition shall vest in that entitled person.
A person
who desires to claim the deposited money shall notify the officer in advance
for not less than fifteen days and the officer or his entrusted person shall
have the duty to withdraw the money to pay to the claimant.
The rules
and procedure for deposition of compensation to the Court, the deposit office
or the Government Saving Bank shall be in accordance with the regulation
prescribed by the Council of Ministers.
Section
32. When payment or deposition of
compensation for immovable property to be expropriated has been made to any
entitled person, the officer or his entrusted person shall notify, in writing,
the registrar under the Land Code for acknowledgement and the registrar shall
then inscribe the expropriation in the title deeds. In this case, section 11 shall apply mutatis
mutandis.
For the
purpose of inscription under paragraph one, the registrar shall have the powers
as prescribed in section 74 paragraph one of the Land Code.
CHAPTER IV
Miscellaneous
Section
33. If the officer or his
entrusted person pay the price of immovable property later than the period as
prescribed in section 11 paragraph one or pay compensation later than the
period as prescribed in section 28 paragraph one, the person entitled to that
price or compensation shall also be entitled to interest on that price or
compensation at the highest interest rate of the fixed-term account of the
Government Saving Bank since the expiration of such period.
Section
34. The right to claim for
deposited money under section 31 shall be exercised within ten years as from
the date the deposition has been made.
If the is no exercise of such right within the aforesaid period, the
deposited money shall vest in the State.
Section
35. Whoever obstructs the officer or
his entrusted person in the performance of his powers and duties of under
section 8, section 13 or section 30 shall be liable to imprisonment for a term
of not more than six months, or to a fine of not more than six thousand Baht,
or to both.
Section
36. The Royal Decree on demarcation
of the area to be expropriated enacted under the Immovable Property
Expropriation Act, B.E. 2497 (1954) shall be in force until the expiration date
of such Royal Decree.
The
expropriation and any act done in accordance with the Immovable Property
Expropriation Act prior to the date this Act comes into force shall be valid,
but further procedure shall be made in accordance with this Act. Any arbitration that has been nominated shall
be rescinded if its award has not yet given.
In this case, the parties thereto shall have the right to appeal under
section 25 within one hundred and eighty days as from the date this Act comes
into force.
The
officer shall have the duty to notify the parties on the rescission of the arbitration
under paragraph two within sixty days as from the date this Act comes into
force.
Countersigned
by:
General Prem Tinsulananda
Prime Minister
[2]Published in the Government Gazette Vol. 104,
Part 164, Special Issue, dated 19th August B.E. 2530 (1987).
[4]Thai
for Sub-District in other provinces, but
Sub-Districts in Bangkok are call “Khwaeng” in Thai
[6]Sanitary
Administration and Sanitary Committee are now inexistence since the law
establishing the Sanitary Administration and Sanitary Committee had been
repealed.
[8]As
added by the Notification of the National Peace Keeping Council No. 44, dated
28th February B.E. 2534 (1991).
[11]Paragraph
one of this section has been amended by the Notification of the National Peace
Keeping Council No. 44, dated 28th February B.E. 2534 (1991).
[12]Paragraph
three of this section has been added by the Notification of the National Peace
Keeping Council No. 44, dated 28th February B.E. 2534 (1991).
