The land dispute between the Phnom Penh Municipality and families who say they own land on Koh Pich is scheduled to be brought to Phnom Penh Municipal Court today, despite questions about the court’s jurisdiction over the case.
Twenty-seven families who say they own land on the island across from NagaCorp Casino have been summoned to appear before Judge Kim Ravy.
But lawyers representing 20 of the families said the court’s involvement in the case is illegal.
The dispute, Public Interest Legal Advocacy Project lawyers said, should not be under the jurisdiction of the court, but should be decided by the cadastral commission—which operates like an arbitration council under the Ministry of Land Management—because the land is not yet registered.
“Does the court have the authority to solve it?” Pilap attorney Phum Bunphann asked at a press briefing. “It is the authority of the cadastral commission. If the court wants to solve this case it is illegal,” he said.
Pilap requested the transfer from the court to the commission on Sept 14 but received no response. Lawyers said the cadastral commission is not binding, even at the national level, so the case could eventually return to court.
Kim Ravy declined to comment.
The Municipality has offered up to $6.75 per square meter for land on Koh Pich, which Phnom Penh Deputy Governor Pa Socheatavong told the families was state-owned at negotiations on Tuesday. He warned that if the case went to court, they would get nothing.
“The people who do not agree, I do not force,” Pa Socheatavong said. “We will go together to the court…. But if it solved through the court, there is no talking about compensation.”
Should the judge refuse to transfer the case, Pilap lawyers expect the municipality will seek an injunction order to evict the families.
The families said they hold legitimate land titles and have been living on the island for decades.
On Tuesday, the 20 families represented by Pilap demanded $26 per square meter for their land.
“We are worried, but we have been living here for a long time and we have legal titles,” said Lo Sony, on the flooded island on Tuesday.
“We are just worried there will be a violation,” he said.
