Legal action to be taken against an illegal golf course on Ko Samui

[webfact]

Legal action to be taken against an illegal golf course on Ko Samui

By Thai PBS

 

 

The Royal Forest Department (RFD) is pondering legal action against the proprietor of a golf course on Ko Samui in Surat Thani for alleged land encroachment after it was discovered that most of the golf course has encroached on a forest reserve.

 

Somkid Jiewkok, chief of the RFD’s forest protection unit on Ko Samui, said that the golf course covers more than 70 rai of land, but only 11 rai are legally owned by the proprietor with Por Bor Thor 5 local tax payment documents.

 

The RFD will reclaim the 60-rai plus encroached land and demand compensation amounting to 3-4 million baht from the encroacher, he said after the latest round of inspection earlier this week.

 

Full story: http://englishnews.thaipbs.or.th/legal-action-taken-illegal-golf-course-ko-samui/

 

-- © Copyright Thai PBS 2018-03-02

[RotMahKid]

Somkid Jiewkok, chief of the RFD’s forest protection unit on Ko Samui should have opened his eyes earlier to see this happen. Why they always wait till buildings are finished....oh of course to give more and more time for the brown envelope.

[The Old Bull]

Maybe they were watching , more work done more damages.

[RichardColeman]

Golf club owner : "quick, quick, build a couple of official government houses at the end"

[fakename]

How does someone build a golf course, and not one official notices, how do you build a tower in Pattaya, and no one notices? Of course the answer is the same. I dont know what the color of the envelops are, are they actually brown, or are there other colors, depending on the thickness? 

[khunPer]

The article's photos of developments under construction looks like that huge amounts has been invested up there, in the hills – and a golf course is normally also not cheap to make – just wonder how it can come that far, as one normally need a building permission on Koh Samui...

[ronaldo0]

From what I remember there are only 2-3 courses here .One is in bophut hills and is nine holes, other in maenam is 18 and owned by a very rich beer company owner and third is in south .

Either way I cant believe you can nick 60 rai of land, build a golf course and only get fined 3-4 million bht !!

[ronaldo0]

7 minutes ago, khunPer said:

The article's photos of developments under construction looks like that huge amounts has been invested up there, in the hills – and a golf course is normally also not cheap to make – just wonder how it can come that far, as one normally need a building permission on Koh Samui...

Out of sight out of mind !!

Well until them pesky people got a helicopter !!

[captainhornblower]

26 minutes ago, ronaldo0 said:

From what I remember there are only 2-3 courses here .One is in bophut hills and is nine holes, other in maenam is 18 and owned by a very rich beer company owner and third is in south .

Either way I cant believe you can nick 60 rai of land, build a golf course and only get fined 3-4 million bht !!

This is the RSGCC or Royal Samui Golf and Country Club and it is in the hills above Lamai.

 

It has been there for at least 12 years and operational all of that time - can't imagine why they left it this long to take any action.

 

Incidentally, the 9 hole Bophut Hills GC was turned into an action playground a while ago, so if RSGCC closes there will only be Santiburi GC in Mae Nam.

 

[churchill]

1 hour ago, khunPer said:

The article's photos of developments under construction looks like that huge amounts has been invested up there, in the hills – and a golf course is normally also not cheap to make – just wonder how it can come that far, as one normally need a building permission on Koh Samui...

Photos Of Chaweng Noi ? Is that land illegal ? 

[ronaldo0]

1 hour ago, captainhornblower said:

This is the RSGCC or Royal Samui Golf and Country Club and it is in the hills above Lamai.

 

It has been there for at least 12 years and operational all of that time - can't imagine why they left it this long to take any action.

 

Incidentally, the 9 hole Bophut Hills GC was turned into an action playground a while ago, so if RSGCC closes there will only be Santiburi GC in Mae Nam.

 

Yeah I thought might be one in south but wasn't sure of location . Flying around today so im sure they will see plenty of things !

[ronaldo0]

25 minutes ago, churchill said:

Photos Of Chaweng Noi ? Is that land illegal ? 

When the army was here around two months or so ago I was told there were 7 places due to get flattened . Most on beach but also there was a 100 million bht villa due to get knocked down also seemingly.

Glad I don't live in one of these expensive ones in areas that look dodgy dotted all around the island .

[cookieqw]

RFD’s forest protection unit.    hmmmm !!

[khunPer]

1 hour ago, churchill said:

Photos Of Chaweng Noi ? Is that land illegal ? 

Only time will show. It's normally said that land over a certain slope (45 degrees) cannot be issued a title deed. Much land up hills has for years been said to be illegal occupied – deed or not – been in the national news years ago.

[KKr]

and even the initial land was not in ownership

 

[PoorSucker]

5 hours ago, khunPer said:

Only time will show. It's normally said that land over a certain slope (45 degrees) cannot be issued a title deed. Much land up hills has for years been said to be illegal occupied – deed or not – been in the national news years ago.

They can have only Por Bor Thor 5 land title, like in the OP. 

This deed is for poor farmers on government land and only allow farming, no structures. 

[khunPer]

1 hour ago, PoorSucker said:

They can have only Por Bor Thor 5 land title, like in the OP. 

This deed is for poor farmers on government land and only allow farming, no structures. 

I've been looking at much land up hills – including a mountain top (over 500 meters up) offered by "someone important", at a very attractive price – but most of it all had only tax receipts as deed, even there was a little house and water tanks at the mountain top. On one hill top close to airport, with a marvelous view, there were already some houses on a neighboring plot to the one I was offered; and it also seem like someone later bought that "tax receipt" hill-top plot, I did not dare to buy, as there now is a villa up there. Perhaps they had the Por Bor Tor 5 upgraded to a real title deed..?

[churchill]

They was a period , some years ago ,  when untitled land was able to be legally upgraded ..

 

Generally when papers are upgraded adjoining land owners have to agree borders ... however I expect if the same land owner owns one paper and some adjoining land that is untitled then the border can be 'moved' giving him a larger upgraded paper .. I expect this is accepted for small areas ...say 1/2 rai or less but not more and certainly not encroaching on somebody else's or forestry land .

 

I have heard , in the past , of locals paying officials to upgrade illegally with cuts being taken on all sides on any sale ....

 

 

[brd]

islanders own their islands ignoring any regulations upsetting them and absolutely free doing what ever they want including murders.

Samui is under Surat Thani in turn under Bangkok juridictions meaning three independent maffias like groups of people.

Thanks to PM Prayuth to rebuild all the administrations Corps reinforcing them the Police included but steps by steps nothing can be rushed or too many killings will result.....

[khunPer]

On 3/3/2018 at 2:46 AM, churchill said:

They was a period , some years ago ,  when untitled land was able to be legally upgraded ..

 

Generally when papers are upgraded adjoining land owners have to agree borders ... however I expect if the same land owner owns one paper and some adjoining land that is untitled then the border can be 'moved' giving him a larger upgraded paper .. I expect this is accepted for small areas ...say 1/2 rai or less but not more and certainly not encroaching on somebody else's or forestry land .

 

I have heard , in the past , of locals paying officials to upgrade illegally with cuts being taken on all sides on any sale ....

 

 

I had land upgraded from Nor Sor 3 to Chanote on Samui. First a note should be published for 30-days at "the pin-board wall" at Head-of-Village, so anybody could make objections. Thereafter the Land Office would satelite measure the land and check the existing cement markers position, or place new Chanote markers, which was done with all neighbors present and agreeing in correct positions, and all shall signed for their approval. The process took quite long time, the Land Office seemed to be very busy in the surveyor department. The land faced the beach, so it should also be approved by the Marine Department that owns the beaches, which was a separate procedure that make the land size smaller from it's original Nor Sor 3 markers, as Marine Department claimed 4 meters more land for "their beach"; however giving spoken permission to use "their land" if a proper coastal protection were in place (or being build), and specified architect and engineer drawings supplied. There's a new regulation coming up for beach front land, so things may change in the future.

 

Unused land could, and perhaps still can, be taken for use, and ownership claimed provided there's access to the land. This for example happened to some sandy beach area about 10 year ago, where there was road access, but nobody had claimed ownership; now it's containing a restaurant together with a (very) small bungalow resort.

 

Up hill it was said, that if you had the last plot facing non-owned (government?) land, you could begin to use it and claim ownership (or rights), as you would have access to the unused land from your own land, and nobody else could get access and use it. The land should slope less than 45 degrees, and to show use of it, the new land should be cleared for vegetation (trees) and fenced. Having a Chanote title deed on the adjoining land, you should be able to claim Chanote owner ship of the new land also. That was the information I got from both real estate agent and land owner, when looking at land plots up hill with fully documented Chanote ownership...

 

However, with the later stories in the news about use of government land up hills – both the OP's golf-story, but also the airport under construction on Koh Phangan – it may not be as simple as that...

 

Some has stated that there are more Chanote title deeds issued at Samui, than there are land available for private ownership, so one shall probably be little careful when buying land up hills, even it comes with a big piece of official looking yellow paper...

[churchill]

2 hours ago, khunPer said:

Having a Chanote title deed on the adjoining land, you should be able to claim Chanote owner ship of the new land also.

 

I don't think that is so easy now .....  in the past possibly . 

 

Incentives for signatures would need to be given I think .

[RickG16]

On 3/2/2018 at 5:16 PM, captainhornblower said:

This is the RSGCC or Royal Samui Golf and Country Club and it is in the hills above Lamai.

 

It has been there for at least 12 years and operational all of that time - can't imagine why they left it this long to take any action.

 

Incidentally, the 9 hole Bophut Hills GC was turned into an action playground a while ago, so if RSGCC closes there will only be Santiburi GC in Mae Nam.

 

Wouldn't mind a round of golf one weekend. Does the Mae Nam course let non members in? And how much would I be looking at for a round / club rental?

 

Cheers 

[khunPer]

3 hours ago, RickG16 said:

Wouldn't mind a round of golf one weekend. Does the Mae Nam course let non members in? And how much would I be looking at for a round / club rental?

 

Cheers 

Yes, Play & Pay is possible – use to my knowledge to be in level of 4,000-5,000 baht (excl. clubs hire) – more info here, and here with prices (however, I don't know if valid or outdated)...

[huberthammer]

On 20/03/2018 at 12:16 PM, RickG16 said:

Wouldn't mind a round of golf one weekend. Does the Mae Nam course let non members in? And how much would I be looking at for a round / club rental?

 

Cheers 

it is rather expensive but they do have some specials which make it easier for residents (still expensive for Thailand). I was given the info a few weeks ago (attached).  The only time the course seems busy is Wednesday morning. Still possible to get late morning or afternoon tee times but the heat is rather murderous at this time of the year.

 

 

 

 

[observer90210]

Yeah!....raze down the entire green and plant a nice large mountain rice field !

 

But for their defence, similar issues have occured in many developpments in Spain or in France with conflicts of interests, land poaching, corruption etc.  so this is really nothing all that caracteristic to Thailand