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State Property

Acquisition State Property

Acquisition of State Property


1. By Purchase: When the State Property Act B.E. 2518 (1975) came into force, government agencies that purchased land were required to register the land title in the name of the Ministry of Finance, per Section 5 of the State Property Act B.E. 2518 (1975). For land purchased before the State Property Act B.E. 2518 (1975) came into force and registered in their own names, those government agencies must transfer the title to the Ministry of Finance as the owner, per Section 11 of the State Property Act B.E. 2518 (1975).

2. By Exchange: This involves the transfer of ownership of state property in exchange for land owned by other persons, such as temples, local administrative organizations, juristic person state enterprises, or private citizens. This process must comply with Section 8 of the State Property Act B.E. 2518 (1975). For actions taken before the State Property Act B.E. 2518 (1975) came into force, they must comply with the Civil and Commercial Code and the Land Code.

3. By Donation or Grant: When land is donated or granted to the government, such as providing land for the construction of a hospital or police station, which is a grant of land to a government agency (ministry, bureau, department), it results in that land or immovable property becoming State Property. The Ministry of Finance must then assume ownership in accordance with Sections 4 and 5 of the State Property Act B.E. 2518 (1975). For land received before the State Property Act B.E. 2518 (1975) came into force, it must be transferred to the Ministry of Finance in accordance with Section 11 of the State Property Act B.E. 2518 (1975).

4. By Contractual Effect: For instance, in generating benefits from state property, there are leases of the type: "a lease of land for building construction, with ownership of the constructed building transferred to the Ministry of Finance."

5. By Reservation or acquisition of land for official use:

- Reservation before the enactment of the Act on the Reservation of Vacant and Unutilized Land as public domain property B.E. 2478 (1935), through royal proclamations, proclamations by lord lieutenants, proclamations by provincial governors, and proclamations by district chiefs, reserving land for official use.

- Reservation after the enactment of the Act on the Reservation of Vacant and Unutilized Land as public domain property B.E. 2478 (1935), through royal decrees designating areas of land reserved for official use.

- When the Land Code came into effect in 1954, it resulted in the repeal of the Act on the Reservation of Vacant and Unutilized Land as public domain property B.E. 2478 (1935). The process of acquiring land for official use must rely on the authority under Section 8 bis of the Land Code, registering it as belonging to a governmental organization or for use by a governmental organization for official purposes, with the minister of Interior publishing an announcement in the Government Gazette. Once the government agency or governmental organization has commenced use, the reserved land becomes state property.

6. By Expropriation: This is carried out under the authority of laws concerning the expropriation of immovable property. For example, the site of Suvarnabhumi Airport was acquired through expropriation for the construction of a commercial airport. The site of Ramkhamhaeng University was acquired through expropriation for use by the Ministry of Commerce; after it was no longer used for that purpose, it became the site of Ramkhamhaeng University.

7. By Confiscation of Assets: This is acquired through legal provisions that allow the confiscation of such assets for the state, such as the Revenue Code, the Organic Act on Anti-Corruption B.E. 2542 (1999), the Anti-Money Laundering Act B.E. 2542 (1999), etc.