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Section 2. The land of which the ownership has not been vested in any person shall be regarded as the domaine public of State.

Section 3. A person shall be entitled to the ownership of land provided that:

(1) such person acquires the ownership under the law prior to the enforcement date of this Code or acquires the Title Deed as prescribed in the provisions of this Code;

(2) such person acquires the ownership under the law on land allocation for livelihood or other laws.

Section 4. Subject to Section 6, any person acquiring the possessory right in land prior to the enforcement date of this Code, including the transferee, shall continue to enjoy such right.

Section 4. bis.5 On and from the enforcement date of the Announcement of the Revolutionary Council, the transfer of ownership or possessory right in the land for which the Title Deed or the Utilization Certificate has already been issued shall be made in writing and registered with the competent officials.

Section 5. Any person who wishes to surrender his/her land rights to the State shall file an application for land surrender with the competent officials under Section 71.

Section 6.6 On and from the enforcement date of the Announcement of the Revolutionary Council, any land rights holder according to the Title Deed or the Utilization Certificate abandons the land or leaves the said land as to become a waste land for a longer period than:

(1) ten consecutive years for the land with Title Deed;

(2) five consecutive years for the land with the Utilization Certificate,

Such person is deemed to intentionally renounce his/her rights in a specific portion of land that is abandoned or left to become a waste land. After the Director-General files a statement of claims with the Court and the Court orders the revocation of the document of rights in such land, it shall become the domaine public of State and be executed further by this code.

Section 7.7 (Repealed)

Section 8.8 Unless otherwise provided by the law, the Director-General shall have powers and duties to supervise and carry out acts for purpose of protection and prevention, as it may think fit, of all land which is the domaine public of State or the State property. The Minister may assign this powers and duties to other public bodies.

The land which is the domaine public of State for the common use of people or for special use of the State or the restricted or reserved land as requested by public bodies may be annulled or transferred for other use or allocated for people in the following circumstances.

(1) The annulment or transfer of the land that is for the common use of people may be carried out under the Act provided that the public bodies, State or private enterprises make other land available for people in lieu thereof. If, nonetheless, such land  ceases to be for the common use of people or its condition changes to the effect that it is not fit for the common use of people and its ownership is not vested in any person under any other laws, the annulment shall be carried out under the Royal Decree.

(2) Provided that the public bodies cease to use the land or discontinue the restriction or reservation upon the land which has been for special use of State or restricted or reserved as requested by the public bodies, the Council of Ministers may, upon the annulment of the said land under the Royal Decree, assign the public bodies to use such land or reap benefits wherefrom. If, nonetheless, it is decided to transfer such land to the private bodies, it shall be done so under the Act or if to be allocated to people in accordance with this Code or other laws, it shall be carried out under the Royal Decree.

In enactment of the Act or Royal Decree as prescribed in paragraph two, a map with land boundary lines shall be annexed thereto.

Section 8. bis.9 Regarding the domaine public of State in which nobody has the possessory right or the land for the common use of people which has been annulled under Section 8(1), the Minister shall have power to register the said land as to be officially used by public bodies in accordance with the rules and procedures prescribed in the Ministerial Regulations.

Prior to the registration under paragraph one, the cadastral survey shall be conducted and the Governor of the relevant province shall make arrangement for the notification or announcement of the said registration for public acknowledgement for a period of thirty days. Such notice shall be put up in public at the Land Office, the District (Amphoe) Office or the District Branch (King Amphoe) Office, the Sub-District Headman (Kamnan) Office, and within the confinement of such land.

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5. Section 4 bis. has been added by the Announcement of the Revolutionary Council, No. 96, dated 29th February B.E. 2515 (1972).

6. Section 6 has been amended by the Announcement of the Revolutionary Council, No. 96, dated 29th February B.E. 2515 (1972).

7. Section 7 has been repealed by the Act Amending the Land Code (No. 3), B.E. 2526 (1983).

8. Section 8 has been amended by the Announcement of the Revolutionary Council, No. 334, dated 13th December B.E. 2515 (1972).

9. Section 8 bis. has been added by the Announcement of the Revolutionary Council, No. 334, dated 13th December B.E. 2515 (1972).


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