Agricultural law

[yumstar1]

Hi, does anybody have any experience or legal knowledge on agricultural law. I have people threatening to build an open abertoire right on top of my home which i have been told is not aloud. Permission is needed and it has to be a reasonable distance from where people live for obvios reasons, anybody out there be able to reassure or advise me any further on this,

thanks for any positive feedback.

[CharlieH]

First port of call I suggest is the MooBahn. Let your wife/gf handle it.

[swissie]

Exactly! This is a MooBahn/Village-Chief matter. As mentioned, let wife/GF handle it.

Direct Farang interference in such matters is counter-productive.

- A good way to find out if Wife/GF (and her Thai-Family) carries any weight within the community.
Cheers.

[wildewillie89]

Maybe it is worth a try, but Thai people generally will not bother visiting the village head, they will go straight to Tessaban for a matter like this. Why? As the village head just passes the case onto Tessaban anyway if the people refuse to listen (which happens more often than not). 

I suggest go to Tessaban first to save the wasted time and steps complaining (if you want a concrete resolution). Ask to speak to the Director of Public Health or lawyer. They are the ones who have to come and inspect the distance of how far it will be from your home. They do have set distances. If you are not happy with the Tessabans work (it doesn't follow the law), you can take the officer to the tribunal (a mini-court) the army set up in each city (usually located near the courts). If the Tessaban cannot demonstrate they followed the law, the tribunal will punish them, and also create a new agreement for the parties (just like in farang countries - although people don't like to believe Thai is that developed lol). 

Don't be scared of farang interference, it really has no outcome on the decision, as the decision is based on law. The land owner will obviously have to deal with bits of it, but you living as a resident and being involved makes no difference in my experience. 

[wildewillie89]

20 minutes ago, wildewillie89 said:

Maybe it is worth a try, but Thai people generally will not bother visiting the village head, they will go straight to Tessaban for a matter like this. Why? As the village head just passes the case onto Tessaban anyway if the people refuse to listen (which happens more often than not). 

I suggest go to Tessaban first to save the wasted time and steps complaining (if you want a concrete resolution). Ask to speak to the Director of Public Health or lawyer. They are the ones who have to come and inspect the distance of how far it will be from your home. They do have set distances. If you are not happy with the Tessabans work (it doesn't follow the law), you can take the officer to the tribunal (a mini-court) the army set up in each city (usually located near the courts). If the Tessaban cannot demonstrate they followed the law, the tribunal will punish them, and also create a new agreement for the parties (just like in farang countries - although people don't like to believe Thai is that developed lol). 

Don't be scared of farang interference, it really has no outcome on the decision, as the decision is based on law. The land owner will obviously have to deal with bits of it, but you living as a resident and being involved makes no difference in my experience. 

My Tessaban law is this for housing animals (which is also Public Health Law, but some Tessabans may be slightly different):

- If 50 to 500 animals, has to be 500m from the community
- If 501-1000 animals, no less than 1km.

- If more than 1000 animals, no less than 2km.

An Abattoir, is 100m away from the community, but not near temple, school, government office, hospital etc. That is the law from the Vet Ministry. However, if the abattoir is noisy or smelly, then that changes things and if people complain it becomes nuisance law. So further distances will come into play. 

Again, village head is virtually useless in this situation. Unless for some unknown reason, the people actually decide to listen to him. The Tessaban enforces the law, not the village head. So village head will just report it to Tessaban on your behalf.

[wildewillie89]

Anyone can make a complaint to Tessaban. Skin colour or nationality makes absolutely no difference. A few farang complain to our local Tessaban. The only issue would be if anyone at the Tessaban spoke a good enough level of English. Generally, they can write well though (just have no experience speaking).

The tribunal place is called ''Soon Dam Rong Tham''. It is the Centre of Complaint Management of the Province basically. Either near the courts of the governor's place. Cases are heard by the military and lawyers. Tessaban are scared of this place, so if seem they are being shit, just mention it and it should smarten them up. 

[yumstar1]

Thank you so much everybody for your information and for taking the time to advise me, as this could ruin me, thanks again.