Section 1304

Supreme Court decisions interpreting this section

1. Supreme Court Judgment No. 6120/2558 (2015)

   Land within a national forest reserve is state public domain; private occupation, however long, cannot give rise to possessory or ownership rights.

   Although the plaintiff purchased land and cultivated eucalyptus and bamboo on it, the land fell within the Chong Mek national forest reserve; occupation of national forest reserve land cannot confer possessory rights and the plaintiff therefore had no right to claim the disputed land.

   Read the full decision (deka.in.th)

2. Supreme Court Judgment No. 1360/2555 (2012)

   A criminal conviction for trespass on public-domain land does not conclusively determine civil possessory rights; the civil court must assess the land's status independently.

   A prior criminal conviction for encroachment on public-domain land used exclusively for state purposes did not automatically resolve the civil question of whether the applicant had acquired any possessory right; civil courts must determine the land's legal character independently.

   Read the full decision (deka.in.th)

3. Supreme Court Judgment No. 6712/2554 (2011)

   Upon urgent expropriation declaration and deposit of compensation, the State acquires the right to take possession of the land immediately regardless of any dispute over the compensation amount.

   In urgent expropriation proceedings, once the Cabinet declares urgency and the expropriation official pays or deposits compensation, the State takes possession immediately; failure to agree on the amount does not delay the State's right to enter.

   Read the full decision (deka.in.th)

Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.