Section Code: 0034 - 0055
Land Code Promulgating Act, B.E. 2497 (1954)
As amended until Land Code Amendment Act (No.12), B.E. 2551 (2008)
Chapter 3: Delimitation of Rights in Land
Section 34. Repealed
Section 35. Repealed
Section 36. Repealed
Section 37. Repealed
Section 38. Repealed
Section 39. Repealed
Section 40. Repealed
Section 41. Repealed
Section 42. Repealed
Section 43. Repealed
Section 44. Repealed
Section 45. Repealed
Section 46. Repealed
Section 47. Repealed
Section 48. Repealed
Section 49. Repealed
In disposing of land under the provisions of this Code, the Director-General shall have the power to dispose of it by sale or hire-purchase according to the rules and procedures specified in Ministerial Regulations and shall have the power to levy a fee of not more than five per cent of the sale price. If unable to dispose of the land within two years the Director-General with the approval of the Minister shall have the power to sell on installments within ten years.
The exercise of the power under the provisions of the first paragraph, the Director-General may divide up the land into plots for disposal as he thinks fit.
In case where the Director-General uses his power to dispose of land under this Code, persons with rights in the land to be disposed of shall agree with the competent authority as to which plot or part of the land shall be disposed of. If they are unable to agree, the matter shall be submitted to the Commission for decision.
In case the Director-General sees fit to exercise his power to dispose of land, the competent authority shall notify persons with right in land not less than thirty days in advance. After the expiration of the said period, the competent authority shall come to an agreement with persons having rights in the land as to its price. If they are unable to agree on the price of the 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 fixed by arbitration shall reflect the market price current on the day the competent authority notifies persons with rights in land that the Director-General will use the power of disposal.
From the day the competent authority gives notice under Section 52 the Director-General shall have the right of possession to the land and persons having rights in land including tenants, occupants and others shall vacate the land within one year. Any lease of that plot of land shall cease to have effect on the day the competent authority informs persons having rights in land that the Director-General will use the power of disposal.
The Director-General, in disposing of any person's land the terms of this Code through hire purchase or on installment sale, shall pay the purchase price to the person entitled thereto in part payments to be completed within the following periods:
- In disposals under Section 39, installments shall be paid within five years.
- In disposals under other Section, installments shall be paid within ten years. In such payment by installments, interest shall be paid by the purchase or hire-purchaser of the land to the persons, who formerly had rights in the land at the rate of three per year.
In the event of a sale or hire-purchase of land under Section 50, if the purchaser or hire- purchaser does not abide by the conditions in the contract of sale or hire-purchaser does not abide by the conditions in the contract of sale or hire-purchase, as the case may be, the Director-General shall have the power to repossess the land. In such case, rights in the land shall vest in the Land Department in the day on which the purchaser or hire- purchaser learns or should learn of the repossession.