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This translation has been prepared by Chaninat & Leeds, an American law firm in Bangkok. Their services range from corporate registration to family law, including US K1 visas for Thais.




Thailand Lawyer Blog:
 Thai Government to
  Review Post-2006
  Prosecutions
 Courts Order Thai
  Military to Cease
  Labeling Transsexuals
  as Mentally Ill
 Work Permit Law
  Changes in Thailand
 Bahamian Supreme Court
  Ruling Backs
  Prenuptial Agreement
 The US FATCA:
  “The Neutron Bomb
  the Global Financial
  System”?
 The Effects of the US
  Government’s Policies
  on Americans Living
  Abroad
 Chinese Assimilation
  in Thailand vs. Malaysia
 Illegal Wildlife
  Trafficking in Asia:
  Thailand as a Hub?
 Rabbi Enforcing
  Jewish Divorce Order
  Arrested by FBI
 U.S. Prenuptial
  Agreements in Thailand:
  Why Thai Law is
  Important
 US Immigration in
  Decline?
 Abortion and Family
  Planning Law in
  the Philippines
 U.S. Courts and the
  Application of Foreign
  Law to International
  Prenuptial Agreements
 Thailand Blasted by 2011
  Human Trafficking Report
 US Expats on Alert:
  New US Tax Law
  Extends IRS’s Reach
  Internationally
 Hangover 2 and
  the Thai Censors
 Thailand’s Film
  Industry Steps Up
 

Owners of land, who disagree to the determination on the new land plots planning after the Land Readjustment and the amounts of compensation, are entitled to appeal to the Committee within thirty days from the date of receipt of the notification pursuant to Paragraph Two. The decision rendered by the Committee shall be final.

Section 71 The competent authority as provided for in the Land Code and the competent authority as provided for in the Condominium Act shall issue title deeds to the land plots according to the new land plots planning after the Land Readjustment, or title deeds to condominium units; and such registrations relating thereto in compliance with the Land Readjustment Project, in accordance with criteria and procedures stipulated in the ministerial regulation.

In the event that there are any changes between public land and private land, the competent authority as provided for in the Land Code shall be authorized to issue new land title deeds, or documents certifying the utilization of private land, for exchanging with owners of land in the Land Readjustment Project.

After documentation has been issued attesting to rights over new plots of land after the Land Readjustment, all documentation attesting to rights over the original plot of land before the Land Readjustment shall be rescinded.

Section 72 All of the properties created in the Land Readjustment Project which are intended to be public property, shall become state property and fall under the supervision of the relevant government agencies from the date the competent authorities as provided for in the Land Code issue documentation attesting to rights in the land, as stipulated in Section 72.

Subject to the provisions of Section 56, new plots of land and real estate that have been prepared as substitutes for state property as stipulated in Section 55, shall have the same legal status as it existed before the Land Readjustment commencing from the date of announcement of the end of the Land Readjustment Project in the Government Gazette.

Section 73 In the event that the law or circumstances have changed, or there is an important event that will affect the Land Readjustment, regardless of whether or not a request has been made by the Land Readjustment Project implementer, the Provincial Committee, with the approval of the Committee, shall have power to order an amendment to the Land Readjustment Project; and in the event that there are problems and obstacles to the Land Readjustment such that further implementation thereof becomes impossible, the Provincial Committee may rescind the approval for the Land Readjustment Project.

In case of the order for the amendment to the Land Readjustment Project, if the Land Readjustment Project implementer does not wish to continue any longer with implementation of the Land Readjustment Project, in addition to forfeiting the guaranty or determining a penalty if such a penalty or guaranty has been imposed as part of the approval process pursuant to Section 46, the Land Readjustment Project implementer shall not be permitted to reclaim all the things that have been made in the Land Readjustment Project; and the Provincial Committee shall issue an order to set forth another person who wishes to continue with implementation of the Land Readjustment Project instead of the former implementer of the Land Readjustment Project. In this regard, the former Land Readjustment Project implementer shall have the lawful right to receive compensation from the Land Readjustment Project according to fairness for all the things that the former implementer has made in the Project.

Before commencing work, the former implementer of the Land Readjustment Project shall remain to have the duty to carry out the original work of implementation of the Land Readjustment Project, to the extent that such continuation of work is not in conflict with the order for the amendment to the Land Readjustment Project.

In the event that approval of the Land Readjustment Project is rescinded, all works on the project must cease, and the Land Readjustment Project implementer must ensure that all parties are restored to their original status. Should this not be possible, the Land Readjustment Project implementer shall pay compensation for any damages that have been sustained.

Section 74 When the Land Readjustment Project comes to an end, liquidation shall be carried out and the provisions of Section 33 shall apply, mutatis mutandis, and it shall be reported to the Provincial Committee within thirty days from the date of completion of the liquidation.

The Provincial Committee shall announce the end of the Land Readjustment Project in the Government Gazette.

Chapter 7
Land Readjustment Fund

Section 75 A fund shall be established which shall be called the “Land Readjustment Fund”, to be administered by the Department of Public Works and Town & Country Planning. The Fund, of which the objective is to be spent for expenses in support of the Land Readjustment, comprises the following monies and properties:
(1) Monies that have been transferred from the Revolving Fund for Urban Land Readjustment, pursuant to the Annual Expenditure Budget Act for Fiscal Year B.E. 2536 (A.D. 1993);
(2) Monies subsidized by the Government;
(3) Monies from service fees and penalties imposed under this Act;
(4) Other monies or properties given by donators;
(5) Money, interest, or any other benefit arising out of the Fund;
(6) Other sums of money and properties that vest in the Fund.

Any sums of money or other properties as referred to in Paragraph One above shall be remitted directly to the Fund without first going to the Ministry of Finance as revenue of the State.

Section 76 The Land Readjustment Fund shall be a juristic person.

Section 77 The Fund is empowered to engage in activities in pursuit of the objective as stated in Section 75. Such powers of the Fund include:

(1) Ownership holding, tenancy, and rights in rem;
(2) Creating rights or doing any legal acts, both within and outside the Kingdom;
(3) Giving a loan to the Land Readjustment Project implementer;
(4) Making investments and seeking benefits out of properties of the Fund;
(5) Doing other acts that are relating to or in connection with accomplishment in accordance with the objective of the Fund.

Section 78 With regard to any activities involving third parties, the Chairman of the Executive Board of the Fund shall act on behalf of the Fund and the Office. In so doing, the Chairman of the Executive Board of the Fund may assign the Director General of the Department of Public Works and Town & Country Planning, or any member of the Executive Board of the Fund, to act on his behalf, with approval by the Executive Board of the Fund.

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