Forest Resorts To Fight Thai Govt Eviction Moves

[webfact]

Forest resorts to fight govt eviction moves

By Kasem Chanathinart

The Nation

Resort and hotel owners accused of encroaching on a national park and forest reserves in Nakhon Ratchasima's Wang Nam Kheow district yesterday vowed to protest the government's eviction order.

"We're now collecting evidence to appeal the Forestry Department's legal action," said Prasert Kietsongpanich, legal adviser to the Ban Rai Krisawan Resort and Restaurant.

The department, the administrative agency and villagers had signed an agreement to survey and redraw the boundaries of Thap Lan National Park to separate forestland and residential areas in overlapping areas, he said.

The department will next sue resort and hotel owners for violating Article 22 of the Forest Act after using the law to charge homeowners with building on Khao Yai Thiang Mountain. "This was an unlawful order," Prasert said.

"We'll ask the court for an injunction against the Forestry Department's order pending the verdict in the land encroachment case. If the Forestry Department goes ahead with its plan to arrest people, we'll use legal means and social rules to fight back against the department."

Anukul Sangthongcha, chief of the Nakhon Ratchasima Public Works and Town and Country Planning office, said the Forestry Department should relax its strict legal stance to go after resort and hotel operators in Wang Nam Kheow.

The department should let them remain there and ask them to pay rent to the department. The department should also ask them to plant trees to restore the damaged forest.

"This would be a win-win way out for everyone and reduce the conflict between the Forestry Department and villagers," he said.

-- The Nation 2011-07-25

related topic

Thai Park Officials To Ban Entry To Resorts Built Illegally

[Galong]

This is just the same mentality as the pirated good sellers. We broke the law, but others do too, so why are you going after us. That's a foul. Only in Thailand can someone set up an illegal building in a national park and then protest that they're not being treated fairly. I say sue them, kick them off the land, and make them reforest the areas that they cleared. That is the ethical and reasonable way to handle this. I'm sure it's not the way it'll pan out of course.

[OzMick]

Being a lawyer, k. Prasert should know that the normal method of obtaining lease is to negotiate first, not move in, clear the land, erect buildings and then offer rent and partial restoration. I very much doubt that his plan to redraw the boundaries would lead to an increase in size of the national park.

Still, his ideas will resonate with many Thai businessmen whose credo is "I'm making money, <deleted> the environment!"

[jonclark]

Love it - "We''ll plant trees"

Real Ignorance at play here. It's not the trees its the complex food webs and biotic inter-relationships of these organisms that have been destroyed. Simply planting a few tree samplings amongst the houses in the resort will not return these food web to their previous state as most of the organisms have been killed or moved away. To get them back you need to remove the resort and give the land plenty of time to recolonize the area.

Doesn't mention how the noise and light pollution will be fixed (which scare away nocturnal organisms)- but I'd imagine this idiot would suggest installing black light blubs - that will fix it.

Edit - They also asked to depatment to let them pay rent - Go ahead then it 500'000 baht per rai, per month. wonder if they'll accept that!!

Edited July 25, 2011 by jonclark

[BobGecko]

Real Ignorance at play here.

Clearly !! People should make an effort to learn about what it is about before making broad comments with no relation with the particular situation at hand

It's not the trees its the complex food webs and biotic inter-relationships of these organisms that have been destroyed. Simply planting a few tree samplings amongst the houses in the resort will not return these food web to their previous state as most of the organisms have been killed or moved away. To get them back you need to remove the resort and give the land plenty of time to recolonize the area.

Doesn't mention how the noise and light pollution will be fixed (which scare away nocturnal organisms)- but I'd imagine this idiot would suggest installing black light blubs - that will fix it.

Edit - They also asked to depatment to let them pay rent - Go ahead then it 500'000 baht per rai, per month. wonder if they'll accept that!!

For 95% of the resorts in the area, they were built on lands cleared long ago. The problem is a problem of land title. These land were reserved for agricultural use until one day the farmers realized they can make more money by building a resort than by growing stuff that nobody is ready to pay the real price for.

For the 5% of the resorts (but probably less) that encroach on the forest, they should of course be removed. To understand the idea of a "rent", how do you think these people have been allowed to operate until now ? Old habits die hard ...

The solution people ask for is that the resorts that encroach on the forest (a very little minority, believe me !) to be destroy, the others to be allow to operate legally (reform the land titles system) and maybe the forest department should have a look within its own rank to understand how this situation has been allowed to perdure until now ...

Edited July 25, 2011 by BobGecko

[slapout]

How can we as farang argue with the logic of this astute legal beagle who is representing the thieves who stole part of the public resources/land? This should be used as an example of frivolous threats of legal action for law schools introduction to how not to conduct business, by slim balls reported to represent the private sector.

[jaltsc]

As with most questionable, profitable business ventures (and I am talking about business ventures, no matter what country), it always seems to be more successful to go ahead with the business venture and ask for forgiveness rather than permission in the first place. It is always argued that "We have already put so much capital and effort into this venture. It would be a shame to give it back and let all of this turn into a waste." I believe Hitler used this same argument after he invaded eastern Europe.

If you want to argue that the land was cleared before the construction, go ahead. However it brings a somewhat sort of cynical pleasure to watch some of these resorts wash down the denuded hill into the river after a big rainstorm . In the end, Nature will always win. It is not nature's goal to see that this planet adheres to human's greed. It has its own plan, and when natural disasters hit, they might be getting the planet ready for the insects to take over, without giving a second thought to the jet ski operators. The earth will survive. However, the niche that humans inhabit might not.

[OzMick]

Real Ignorance at play here.

Clearly !! People should make an effort to learn about what it is about before making broad comments with no relation with the particular situation at hand

It's not the trees its the complex food webs and biotic inter-relationships of these organisms that have been destroyed. Simply planting a few tree samplings amongst the houses in the resort will not return these food web to their previous state as most of the organisms have been killed or moved away. To get them back you need to remove the resort and give the land plenty of time to recolonize the area.

Doesn't mention how the noise and light pollution will be fixed (which scare away nocturnal organisms)- but I'd imagine this idiot would suggest installing black light blubs - that will fix it.

Edit - They also asked to depatment to let them pay rent - Go ahead then it 500'000 baht per rai, per month. wonder if they'll accept that!!

For 95% of the resorts in the area, they were built on lands cleared long ago. The problem is a problem of land title. These land were reserved for agricultural use until one day the farmers realized they can make more money by building a resort than by growing stuff that nobody is ready to pay the real price for.

For the 5% of the resorts (but probably less) that encroach on the forest, they should of course be removed. To understand the idea of a "rent", how do you think these people have been allowed to operate until now ? Old habits die hard ...

The solution people ask for is that the resorts that encroach on the forest (a very little minority, believe me !) to be destroy, the others to be allow to operate legally (reform the land titles system) and maybe the forest department should have a look within its own rank to understand how this situation has been allowed to perdure until now ...

If you are correct, and the state forest has set up a fringe/buffer area where agriculture is allowed, how does that change the situation? Resorts have still been built on land with an agriculture-only lease, and if the farm is uneconomic, you simply don't renew the lease.

If the lease arrangements are changed, do they clear more land for a buffer, or simply do without?

[Richard4849]

Is there a list of the offending resorts anywhere?

[Bagwan]

Wasn't a former Prime Minister (and Army boss) made to demolish his retirement home and make good the land in this park?

[webfact]

PACC To probe hotels ,mansions in Muaklek, Pakchong

By PONGPHON SARNSAMAK

THE NATION

The Office of Public Sector Anti-Corruption Commission (PACC) will look into alleged land encroachment in Saraburi province's Muaklek district and Nakhon Ratchasima province's Pakchong district after claims that over 10,000 rai of forest land had been invaded by wealthy people to build large private and luxury homes on the mountain top.

" We found a large-scale encroachment on the mountains in Muaklek and Pakchong districts where no individuals are allowed to build in forest areas," PACC s secretary-general Amphon Wongsiri said.

PACC's preliminary investigation in the area found that more than 300 rai of land in Saraburi province's Muaklek district had been encroached on by capitalists,both national and local, building big houses on mountains in Tambon Nongyangsuea .

" These luxury hotels and private homes belong to wealthy outsiders who have connections with high level officials in the province," the source said.

PACC also found large-scale encroachment on mountains in Pakchong. Over 10,000 rai of forest areas had been converted to other land use like luxury hotels and private homes.

However, PACC is now investigating land ownership in these two areas. It will also look into the involvement of officials in cases of unlawful land ownership.

Meanwhile, Natural Resources and Environment Ministry's permanent secretary Chote Trachoo will today go to Nakhon Ratchasima province's Wang Nam Khieo district to investigate land encroachment there. He will discuss with forestry officials the problem for law enforcement in arresting people who have invaded forest areas. " We will not negotiate with them," he said.

Since the Royal Forest Department vowed to arrest forest land invaders in Wang Nam Khieo district, Chote said his agency had received many complaints over land encroachment in forest reserved areas and national parks in several provinces, including Chiang Mai and Chiang Rai.

" We did not treat them badly or discriminate against them. We just wondered how these people could own more than three houses. They are not ordinary people," he said.

-- The Nation 2011-07-26

[tomross46]

It is very interesting, that all these investigations happen when their will be a change in government. Could this be that the former government is using a big spoon, or is it the new government?

I wonder what names these properties are involved with, couls it be some of the same people involved in Alping Golf?

[Richard4849]

I don't think either one party or another has a monopoly on encroachment. There have got to be as many Democrats at PT politicians at it, and vice versa.

Perhaps the investigations come on the request of someone or something above these clown politicians.