Legal Issues in Determining Compensation under the Expropriation and Acquisition of Immovable Property Act, B.E. 2562 (2019)

Abstract

This article aims to analyze legal issues concerning the appropriateness of the authority to determine compensation under the Expropriation and Acquisition of Immovable Property Act B.E.2562 (2019). The focus is on the dual mechanisms provided by the Act: compensation may be determined either by a committee under section 19 or directly prescribed in an expropriation act under section 29, paragraph two. This dual mechanism raises concerns regarding the principles of checks and balances, as well as the clarity of remedies available to affected property owners.

Compensation determined by the committee under the 2019 Act is considered as an administrative action, subject to judicial review by the Administrative Court and appealable through administrative procedures. In contrast, compensation prescribed directly within an expropriation act constitutes a legislative act, which is not subject to administrative review. This legal distinction creates inequality in the protection of citizens’ rights.

Moreover, the article highlights practical concerns such as the lack of standardized discretion, procedural redundancies, and delays in the expropriation process. These issues contradict constitutional principles related to the right to property and the rule of law.

The author proposes legal reform, particularly the repeal or revision of the mechanism requiring the enactment of a separate expropriation act in cases where property owners refuse to sell. It is recommended that the authority to determine compensation be vested exclusively in the committee, whose decisions would remain subject to transparent and judicially reviewable procedures. Additionally, enhancing public participation by including citizen representatives on the committee is proposed to promote fairness, transparency, and the protection of individual rights in accordance with the rule of law.