In the event that the Land Readjustment is implemented by the Association, the Land Readjustment Project Advisory Board members under Paragraph One shall not, at the same time, be members of the Association.
The number of the Advisory Board members, election method, term of office, by-election, quorum and implementation method shall be in accordance with the criteria and procedures as provided for in the ministerial regulation.

The Land Readjustment Project Advisory Board shall receive remuneration from the Land Readjustment Project implementer at the rate as provided for in the ministerial regulation.

Section 53 The Land Readjustment Project Advisory Board shall have the duties of giving advice to the Land Readjustment Project implementer in determining a temporary plan, land replotting disposition, compensation amounts, assessment of prices of land and real estate, land management, acquisition of benefits for the Land Readjustment Project, a financial plan of the Project, and any other act as is necessary for Land Readjustment.

Section 54 The Land Readjustment Project implementer, with the approval of the Land Readjustment Project Advisory Board, shall make a temporary plan, determination on the use of land during the Land Readjustment implementation in order that the land owners shall be least affected, as much as possible, by the construction, removal or modification. As well, in case of necessity for life or physical safety, a removal plan for the land owners to dwell or make use of land at some place else shall be made.

Repercussions from the removal of temporary dwelling or detriment of the use of land or business during the Land Readjustment Project implementation shall be taken into consideration as compensation to one another in accordance with fairness and to the benefits of all parties.

Section 55 The land and real estate which belong to the Kingdom, Government organizations, public organizations or agencies which have the law governing specific transfer protection in the Land Readjustment area, regardless of whether it is public property of the Kingdom or not shall be submitted to the Board for consideration, if the Land Readjustment Project implementer needs to use that property for Land Readjustment.

As to the consideration of the Board, a representative of the agency responsible for caretaking of that land or real estate shall be invited to participate in the consideration.

When the Board approves that the land or real estate under Paragraph One shall be used in the Land Readjustment Project, the approval shall be in effect as withdrawal of status from such land as public property of the Kingdom, without having to proceed with withdrawal of status or transfer pursuant to the Land Code, the law governing the land of Crown Property or other law relating to such land. Also, the Land Readjustment Project implementer shall be empowered to use the land under the following conditions:

(1) The land which is public property of the Kingdom for common use by citizens but the citizens stop making use of that land or which has been transformed from being the land for common use by citizens and which does not belong to any person;
(2) The land which is public property of the Kingdom for common use by citizens and the citizens still make use of that land, but another land plot has been provided as replacement for common use by citizens, and the announcement thereof has been publicized in the Government Gazette;
(3) The land which is public property of the Kingdom for the benefits of the Kingdom in particular or which is reserved or restricted and which the government does not want to reserve or restrict any longer, and the Cabinet has given approval thereto;
(4) The land of governmental organizations under the law governing establishment of governmental organizations or under specific law or public organizations under the law governing public organizations, and the Cabinet has given approval thereto;
(5) The land of other public organizations which have specifically set up laws upon having been granted approval by such public organizations.

Section 56 The Land Readjustment Project implementer may alter the status of land and real estate under Section 55 to be whatever according to the Land Readjustment Project to which approval of the Provincial Committee has been granted. However, after complete implementation, the aggregate area of total public land shall not be less than that before Land Readjustment. In case of the land or real estate under Section 55 (3), (4) and (5), the provisions of Sections 62 and 63 shall apply mutatis mutandis.

The utilization of other categories of public land for public utilities or public facilities must be in the same ratio as the utilization of private land, according to the criteria and procedures as stipulated by the Land Readjustment Committee.

Section 57 In the event that it becomes necessary to make the land development processes more appropriate, the State may expropriate any real estate for use in the Land Readjustment Project. In this regard, the law governing expropriation of real estate shall apply, mutatis mutandis.

Section 58 In the Land Readjustment Project area which has been approved by the Provincial Committee, the Land Readjustment implementer or designated person has the right to engage in the following activities without having to obtain the consent of the land owners:

(1) To enter onto the land of those who have voluntarily participated in the Land Readjustment Project in order to dismantle, move, or modify buildings, as well as to do anything else that is necessary;
(2) To enter onto the land in order to conduct surveys, delineate boundaries, construct roads, construct water drainage systems, construct water purification systems, and to do any other thing that is related to Land Readjustment;
(3) To make signs to indicate levels, boundaries, and boundary lines;
(4) To take any action necessary to divide up land, consolidate land, and execute any legal documents involving rights in rem, or leasing rights, on behalf of the owners of land that lies within the Land Readjustment Project area, under the objectives of the Land Readjustment Project.

When implementation takes place in a building or on land which is inhabited by people, the owner or party in possession of the land must be informed in a timely manner, in any case not less than seven days in advance, except where the consent of the owner or possessor has been obtained. As for instances involving the process of dismantling, moving, or modifications of public utilities that are under the control and supervision of government agencies, there must be coordination with the relevant government agencies beforehand. In this regard, a time limit shall be provided for the owner or possessor of the land or real estate, or government agencies responsible for the control and supervision of the said public utilities, to respond as to whether they wish to carry out the process by themselves or not.

Section 59 In the interest of the construction, moving, or modification of buildings or any other thing for the purpose of Land Readjustment, the Land Readjustment Project implementer, or designated person shall be entitled to enter onto and temporarily use or take possession of the nearby land plot that is not the dwelling of any person and that is close to the land within the Land Readjustment Project, under the following conditions:
(1) The utilization or taking possession is necessary for the purpose of surveying, constructing, moving, or modifying a building or buildings, or any thing, for Land Readjustment;

Next Page
[1]  [2]  [3]  [4]  [5]  [6]  [7]  [8]  [9]  [10]