About the Ashton Asoke condominium, many people think that the expropriation of real estate What can the acquired assets be used for? Can't take it to the private sector, can't use it? Is it really a loss for the benefit of the nation and favoring the benefit of the private sector? Let's see if in the world outside our country. How does he view expropriation?

The Ashton Asoke case has a brief summary as follows:

“...What the court decided was that the entrance-exit land of the Ashton Asoke Building, which is the land of the MRTA, came from expropriation. Therefore, it cannot be brought to the private sector to use in business operations. When unable to bring the entrance-out land to use

Therefore, the government agency (Bangkok) issuing a building construction permit is contrary to the Building Control Act 1979, where tall buildings must have an exit on one side of the land with a length of not less than 12 m..."

Moreover, in the 2017 Thai constitution, section 37, it is written that

“...expropriation of immovable property cannot be done. except by virtue of the provisions of the law enacted for public utilities national defense or acquisition of natural resources or for other public benefits

and must pay fair compensation within a reasonable time to the owner and all right holders who have been damaged by the expropriation, taking into account the public interest.

The impact on the expropriated Including the benefits that the expropriated person may receive from that expropriation ... The real estate expropriation law must specify the purpose of the expropriation and clearly specify the period of use of the real estate.

If the property is not used for that purpose within the specified period or there is an immovable property remaining from use and the original owner or heir wishes to return it. Give it back to the original owner or heir..."

In fact, the Thai constitution says this is probably because in the past the expropriation of real estate was a “low-slow” job.

He "teased" himself that the work that he had done was like this. Because in the past, the government often expropriated people's property at low prices. and often pay compensation very slowly As a result, the society was extremely afraid and disgusted with the expropriation. even though expropriation is necessary

Because no one knows in advance from the beginning and the situation had changed so had to be expropriated Try to imagine that if you can't surrender 1st and 2nd stage expressways that pass through the city center or other expressways and electric trains probably didn't happen Expropriation is an inevitable necessity.

I myself studied urban development planning until the doctorate level. Profession in appraisal, including appraisal for the expropriation of many real estate projects. In addition, there are also opportunities to take government officials to see expropriation work in many countries.

Both in Canada, the United States, Malaysia, Japan, as well as a consultant on the World Bank Expropriation Study Program in Jakarta. and to recommend expropriation for public purposes to government officials such as in Vietnam and Cambodia as a consultant to the Ministry of Finance I therefore would like to bring the expropriation in a new vision to consider.

that expropriation cannot be used for personal benefit It must have been a hit-and-miss interpretation. like in malaysia expropriation at the rubber plantation Or rural agricultural areas for the development of industrial estates are commonplace things that happen. This is also in the public interest.

But this benefit can only happen when the private sector invests. In our country, the Act of National Housing Or the Industrial Estate Authority of Thailand in the first edition still specifies that the expropriation of land is used for industrial or residential purposes.

more than in land readjustment for area development or “Land readjustment for area development is to transform many land plots. converted together Reform the land to make it orderly and beautiful. along with organizing public utilities public utilities and public services That meets the standards completely and adequately "(https://tinyurl.com/4rrrnm8e)

It is defined in the Act stating that

“Section 57 In case of necessity to develop a more suitable area The State may expropriate immovable property for use in any land readjustment project, provided that the law on immovable property expropriation shall apply mutatis mutandis.”

Land readjustment is for the benefit of a group of private individuals. But when you can't find a way out of the road Or some land in a position that requires cooperation to join the land readjustment project as well, but refuses to come, must rely on the expropriation power itself.

In this regard, I myself have been a consultant to JICA for land consolidation in many projects for the Department of Public Works and Town & Country Planning. past in Tokyo or Osaka city or others Large-scale projects in these cities have also been made possible by realigning land for land development, which Thailand has learned partly from Japan. (but not complete!)

I used to propose the expropriation of the road. In addition to making a road, for example, 40-100 meters wide, then expropriating both sides of the road for another 40-100 meters according to the road size. to develop this land Because when cutting the road, the price of land will increase enormously. Until making it possible to cut the road without even losing the national budget

For example, a rural road, the cost of land is 100 million. If expropriation is added on two sides, it is 300 million. The construction cost is usually three times the cost of land, which is 300 million. The total cost of expropriation is 600 million.

But when the construction of the road was completed, the land on 2 sides of the road increased 3 times, ie 300 million on each side, a total of 600 million, equal to obtaining a road without losing the state budget at all. Another part allows the private sector to connect the road. Some of them are rented out or sold to the private sector to develop. bring income to offset road construction

In the past, I used to calculate for the Metropolitan Waterworks Authority to charge a fee for requesting a way connection by the private sector. Moreover, various government agencies There is a regulation to connect the way like in the case of Ashton Asoke.

such as Department of Highways, Department of Rural Roads State Railway of Thailand Expressway Authority of Thailand Marine Department Mass Rapid Transit Authority of Thailand in the case of villages Along the new Bangkok-Chonburi Road (Thor Lor. 7), there are developers of housing estates asking for a 30-year lease from the State Railway of Thailand to use as a way out. (After the contract expires, it will continue again)

I used to be a member The International Association of Assessing Officers (with regard to public interest assessments) and the International Right of Way Association (with regard to expropriation) have also seen case studies of expropriation for Many "public benefits"

But he didn't just narrowly interpret it to make a road. Build an industrial estate for the private sector to develop the country. Or you can connect the way. Whatever benefits the public should be able to do.

In the case of Ashton Asoke, which has land in the city center of 2 rai 3 ngan 47.60 square wah (almost 3 rai) and can build up to 783 units of condominiums, with parking for 371 cars, it can allow about 2,000 people to live without "Heavy head" anyone?

It did not cause more traffic jams because it was in the electric train line. Opening access to create high density for the city (not using overcrowdedness) is therefore necessary for urban development. so that the city will not expand to eat the agricultural land outside the city in the wrong direction

In Thailand, people have the concept of expropriation in a new dimension. and laws that is inconsistent with reality There should be an expiration date for the development of the country that must be timely.

Source:https://www.bangkokbiznews.com/blogs/property/1083123

Date 11/08/2023