Land Dedication to the Domaine Public of State

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Titipon Wattakumarn
Vikorn Rakpuangchon

Abstract

The objectives of this article were to investigate the background, concepts related to the dedication of land to the Domaine public of the state, and the criteria for dedicating the land to the Domaine public of the state under Thai and foreign law, to analyze the problem of land dedicated to the Domaine public of the state under Thai and foreign law, and to suggest improvements to the law relating to land dedication to the Domaine public of the state to be appropriate to the context of Thai society. The study was qualitative research. Documentary research was used as a method to study the history and Domaine public of the state, the problem of explicit land dedication, and the problem of implicit land dedication. The major findings of this study indicated that the law relating to land dedication did not appear, and specific provisions did not appear detailing private land dedication that did not have to be in writing and registered with the competent official. The intention to allow the general public to use the land or allow the general public to use their own land without prohibition or reserve from 10 years onwards will cause the private land to become the Domaine public of the state or to the state. This article proposes a way to improve the law by adopting the laws of Australia and the laws of Louisiana, the United States has adapted to make it clear the dedication of land to the Domaine public of the state.

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How to Cite
Wattakumarn ธ., & Rakpuangchon ว. (2022). Land Dedication to the Domaine Public of State. Rajapark Journal, 16(45), 155–170. Retrieved from https://so05.tci-thaijo.org/index.php/RJPJ/article/view/254988
Section
Research Article

References

Boonsopak, P., & Boonsopak P. (2008). Civil and Commercial Law Concerning Juristic Acts and Contracts (13th ed.). Bangkok: Ramkhamhaeng University.

Boramanand, N. (2004). Meaning of Public Interest. Retrieved September 25, 2021, from http://www.public-law.net/publaw/view.aspx?id=461

Gough, J. W. (1948). The Second Treatise of Civil Government and A Letter Concerning Toleration By John Locke. London: Basil Blackwell Oxford.

Kongkruaphan, A. (2021). Viewpoints in the Administrative Case Concerning “Public Interest”. Retrieved September 25, 2021, from https://www.admincourt.go.th/admincourt/upload/ webcms/Academic/Academic_270217_144631.pdf

Lingat, R. (1940). The Thai Legal History (Private Law) Land Law. Bangkok: Thammasat University.

Mamout, A. (2019). Law of Property (3rd ed.). Bangkok: Winyuchon.

Mueanphawong, S. (1994) Use and Protection of the Public Domain(Master’s Thesis). Thammasat University.

Namsiripongpun, W. (2008). The Explanation Civil and Commercial Code, Book IV Property (4th ed.). Bangkok: Tula Publishing.

Office of the Council of State, (2021). The Public Interest be the Supreme Law. Retrieved September 25, 2021, from http://web.krisdika.go.th/data/serve/tha /acknowledge/acknowledge_2/proverb-1.htm

Public Land Protection Sub – Bureau. (2009). The Operation Relating to the Maintenance and Protection of the Land which is the Public Domain of the Land. Bangkok: Printing Division Department of Lands.

Rakkanam, T. (1979) Misunderstanding in the Civil and Commercial Code(Master's Thesis). Chulalongkorn University.

Ratthong, R. (2015). Civil and Commercial Law concerning Juristic Acts and Contracts (2nd ed.). Bangkok: Ramkhamhaeng University.

Soisermsap, J. (2009). Thai Legal Enforcement of Public Land Trespass. Retrieved September 25, 2021, from http://www2.rpu.ac.th/ebook/54/54-1.pdf

The Secretariat of the Cabinet, (2007). Principles and Guidelines in the Case of Government Officials Requesting People to Dedicate Land to or in the Case of Entering into an Operation on Private Land for Mutual use According to the Cabinet Resolution on August 1, 2007. Retrieved November 13, 2021, from http://www.oic.go.th/FILEWEB/CABINFOCENTER20/DRAWER010/GENERAL/DATA0000/00000210.PDF

Timasarn, T., Prasittisuk, A., & Sinthurawet, S. (2015). Background of the Issuance of Land Rights Certificates. Journal of the Department of Lands 114 years, 61(1). 3–31.

Wongsaart, S. (2021). John Locke’s Concept of the Right. Retrieved September 25, 2021, from https://www.gotoknow.org/posts/566107

Yoneo, I., & Toshiaru, Y. (2017). 600 Years of the Relationship Between Thailand and Japan. (Kongchana, P., Miyamoto, M., & Fungthamsarn, A., Translator) (3rd ed.). Bangkok: The Foundation for the Promotion of Social Sciences and Humanities Textbooks Projects.