Challenges and Needs in Community Land Utilization within Agricultural Land Reform Areas

Abstract

Land reform in agriculture is a legal process designed to address land ownership, land distribution, and land utilization issues to maintain social justice and economic development, as well as support agricultural practices in Thailand. This research article aims to (1) study the problems and needs of communities in utilizing land within the land reform area for agriculture. The research group consists of landholders in the land reform area for agriculture in Sansai Kong Ngam village, Bansaeo Sub-District, Chiang Saen District, Chiang Rai Province; 2) Study of laws related to land reform for agriculture; and (3) find ways to develop laws that align with community needs and the changing context of the area. Utilizing research methods including document review and field surveys, the study aims to understand the area’s context and community problems, gather input from relevant authorities on land use for agricultural reform, and systematically study data to form the basis for legal development in line with community needs and the changing context of the area.

The study found that the area’s context has changed, with increased economic prosperity and a community desire to change legal constraints on land use within the land reform area for agriculture. For example, easing restrictions for landholders under the Agricultural Land Reform Act allows them to buy, sell, mortgage, similar to land titles, or engage in commercial leasing activities. Therefore, the research team proposes the following recommendations: (1) Amendment of Article 39 of the Agricultural Land Reform Act B.E. 2518 (1975)  to allow landholders within the land reform area for agriculture to transfer land rights to other farmers; 2) Amendments to the Land Reform Committee for Agriculture announcements regarding other supporting activities related to land reform for agriculture, such as commercial leasing and cross-border cargo parking; and (3) The government should convert all land rights from agricultural land reform documents to land titles to support community development according to the Special Economic Development Zone Plan Phase 2, per the National Committee for Special Economic Zone (NCSEZ) No. 2/2558 declaration