2566-2 นายธนิสร เกิดสม-การค้นคว้าอิสระ

จ บทคัดย่อภาษาอังกฤษ Abstract Independent study Title : Right Protection and Ownership Restitution to Expropriated Persons under the Immovable Property Expropriation Act, B.E. 2562: A Case Study of Land Searching for Irrigation Student's Name : Mister TANISORN KERDSOM Advisory Committee : Assistant Professor Dr. Jidapa Pronying Degree and Program : Master of Laws in Laws Academic Year : 2023 This research study aims to study the problem issues regarding rights of expropriated persons for immovable property purchase and time duration on requesting for expropriation under the Immovable Property Expropriation Act, B.E. 2562 and evaluate whether it violates the Constitution of Kingdom of Thailand B.E. 2560. This is qualitative research using documentary research, Thai laws, UK (United Kingdom) laws, French laws, and Australian laws, and in-depth interview for analysis of the problem issues. The research findings revealed that the Immovable Property Expropriation Act, B.E. 2562, identifies that whenever the government sector desires land for public utility or purpose, Measure 7, the government will clearly set a royal decree to fix the scope of expropriated land, Measure 8. During its enforcement, the staff would negotiate with the landlord. Once the agreement was made among parties, the purchase was furthered based on Measure 58 of Civil and Commercial Law. In that case, the landlord does not want to sell the land; the Immovable Property Expropriation Act, Measure 29, is applied instead. Later, if the expropriated land is not utilized in the fixed time or there is a rest of it, the former landlord can request the return. In the case of a purchase agreement, the former landlord has no right to request a return. Nevertheless, once the land expropriation was applied, it