Chapitre 3 : Délimitation des droits fonciers

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In exercising the power of disposal of land under the

provisions of this Code, the Director-General shall have the power to dispose of that land by

sale or by hire-purchase in accordance with the rules and procedure prescribed in the

ministerial regulations, and shall have the power to levy a fee not exceeding five per cent of

the sale price. If the land cannot be disposed of within two years, the Director-General

shall, with the approval of the Minister, have the power to sell it by installment payments

made within ten years.

In exercising the power under the provisions of paragraph one, the Director-

General may, if he thinks fit, divide the land into several plots for disposal.

Unofficial translation, Office of the Council of State, as amended to Act No.13, B.E. 2556 (2013).

Where the Director-General decides to exercise the power of

disposal of land under this Code, the person holding right to the land to be disposed of

shall agree with the competent officer as to which plot or part of land shall be disposed of.

If they are unable to agree, the matter shall be submitted to the Commission for decision.

Unofficial translation, Office of the Council of State, as amended to Act No.13, B.E. 2556 (2013).

In case the Director-General sees fit to exercise his power of

disposal of land, the competent officer shall notify the person holding right to the land of

such fact at least thirty days in advance. After the expiration of the said period, the

competent officer shall agree with the person holding right to the land as to its price. If

they are unable to agree on the price of land, the provisions governing valuation of

immovable properties by arbitration under the law on expropriation of immovable

properties shall apply mutatis mutandis.

The land price which may be agreed on or may be fixed by arbitration shall

reflect the current market price prevailing on the day the competent officer notifies the

person holding right to land that the Director-General intends to exercise the power of

disposal of land.

Unofficial translation, Office of the Council of State, as amended to Act No.13, B.E. 2556 (2013).

As from the day the competent officer gives notice under

Section 52, the Director-General shall have the power of possession of the land

immediately, and the person holding right to the land including his dependants, tenants,

occupants, and any other persons staying on the land shall vacate the land within one year.

In case that plot of land is subject to a lease, the lease agreement shall be

terminated as from the day the competent officer notifies the person holding right to the

land that the Director-General intends to exercise the power of disposal of the land.

Unofficial translation, Office of the Council of State, as amended to Act No.13, B.E. 2556 (2013).

In disposing of any person’s land under the provisions of this

Code either by hire-purchase or by installment payments, the Director-General shall

complete installment payments of land price to the person holding right to the land within

the following period:

(1) For disposal of land under Section 39, installment payments shall be

completed within five years;

(2) For disposal of land under other Sections, installment payments shall

be completed within ten years.

With regard to payment by installments, the interest rate of three per cent

per annum shall be paid on the unpaid amount of the purchase price by the purchaser or

hire-purchaser to the person originally holding right to that land.

Unofficial translation, Office of the Council of State, as amended to Act No.13, B.E. 2556 (2013).

In the event of a sale or hire-purchase of land under Section

50, if the purchaser or hire-purchaser does not observe the conditions in the purchase

agreement or hire-purchase agreement, as the case may be, the Director-General shall have

the power to reclaim the land. In such case, the right to that plot of land shall be vested in

the Department of Lands as from the date the purchaser or hire-purchaser has known or

should know of the reclamation.

Unofficial translation, Office of the Council of State, as amended to Act No.13, B.E. 2556 (2013).