a. Technical justification: Detailed report containing the analysis of the technical information, consolidating all the information and documents that make up the file, as well as the reasons why the property and area of land required are technically chosen and from which it is concluded that it is the suitable one. The report must contain a brief description of the project, geographic location, description of the works to be carried out or existing, beneficiary population, and the system to which it belongs. Likewise, all preliminary studies carried out shall be analyzed; the farm number, owner or possessor (co-owners, usufructuaries, lessees, etc.), cadastral map number must be indicated, as well as any relevant technical aspect deemed necessary for the justification. Additionally, the document by which the owner or interested third parties were informed of the project to be executed must be attached; if notification could not be achieved, a record of the foregoing shall be made. If the project requires the constitution of easements (servidumbres), these must be described in detail (including, but not limited to, length, width, total area, bearing, location within the parent farm); furthermore, the conditions and limitations must be set out in the technical justification according to the technically and operationally determined needs, depending on the nature of the easement (servidumbre) required.
b. Cadastral maps: When applicable according to current special laws, decrees, and regulations, they must have the following:
b.1. Alignments: The cadastral maps must have the alignments requested by the Catastro Nacional.
b.2. Approvals: The cadastral maps must have the approvals requested by the Catastro Nacional.
Regarding approvals for segregation: A) when the municipality denies the approval due to the owner's delinquency, the Project Leader will request the support of the Senior Administration, by means of an official communication explaining the situation and the interest of AyA in its acquisition; B) when the denial of approval responds to technical criteria, it is the Project Leader's responsibility to analyze what has been ordered by the Municipality; C) When the approval is denied because the municipality considers that the approval is not appropriate, the Project Leader must provide the local government's justification.
When required, upon prior justification, the Project Leader will request the corresponding support from the Legal Advisory Office.
b.3 Area of public domain watercourses: In all cadastral maps developed by the Topography and Appraisals Directorate where surface waters exist, the area of the watercourses must be set out by note on the map, which must be determined by the Institutional Topography unit.
Furthermore, the watercourses must be characterized after consultation with the Dirección de Aguas of MINAE in accordance with Ley N°7593.
b.4 Protection areas: In all cadastral maps developed by the Topography and Appraisals Directorate, the protection areas must be set out by note on the map in accordance with the provisions of article 33 of the Ley Forestal N°7575 and the Ley de Aguas N°276 and its amendments.
c. Report from the UEN Gestión Ambiental: For cases where protection areas for springs (nacientes), wells, or surface water bodies are required, the Project Leader must provide the report from the UEN Gestión Ambiental indicated in article 17 of this Regulation.
d. Tree felling permit: For cases where applicable, a technical report rendered by the UEN Gestión Ambiental must be provided stating that the trees located within areas to be expropriated, and that need to be felled, are not under a felling ban.
e. Physicochemical and bacteriological analyses: In the event that the land acquisition is to exploit springs (nacientes), wells, or water bodies, the physicochemical and bacteriological analyses of the supply sources, performed by the Laboratorio Nacional de Aguas (LNA), must be provided.
The validity of supply sources shall be as follows, according to each specific case:
e.1. Land with monocultures near the water source.
In these cases, because the use of pesticides in monocultures could generate contaminant transport that potentially affects water quality for potabilization, it is necessary, in addition to the initial presumptive study, to repeat the water analysis three months later. If the results meet the criteria for potabilization, including negativity for pesticides, the validity of these results will be for one year.
e.2. Land without monocultures in the vicinity of the source.
Regarding the validity of physicochemical and microbiological analyses for water sources for potabilization, where the sanitary inspection indicates no presence of monocultures, the validity will be one year.
f. Agrochemical analysis: When dealing with the acquisition of areas with springs (nacientes), surface water bodies, or wells, and these sites could be affected by the application of agrochemicals within their protection area defined by the UEN Gestión Ambiental, the Project Leader must manage and provide an agrochemical report performed by the LNA.
g. Land Use Certification: The Project Leader must coordinate with the Regional Directorate or the EU that will administer the Project, so that the corresponding Land Use Conformity application, issued by the respective municipality, is processed. The Land Use certification must be processed within the legal timeframes. In the event that it is not possible to conclude the procedure:
- A)when the municipality denies the land use due to the owner's delinquency, the Project Leader will request the support of the Senior Administration, by means of an official communication explaining the situation and the interest of AyA in its acquisition; B) when the land use denial responds to technical criteria, it is the Project Leader's responsibility to analyze what has been ordered by the Municipality; C) When land use is denied because the municipality considers that the issuance of the certificate is not appropriate, the Project Leader must provide the local government's justification. When required, upon prior justification, the Project Leader will request the corresponding support from the Legal Advisory Office.
h. Registry Studies: The Topography and Appraisals Directorate must provide the Project Leader with the registry, cadastral, and background studies, when applicable, issued by the Registro Nacional.
i. Technical report on liens and/or annotations: In cases where liens are noted or registered against the farms for easements (servidumbres), measurement corrections, validation periods, cadastral notices, leases, segregations, or any other physical encumbrance on the properties; the Topography and Appraisals Directorate will render a technical report in order to verify whether these liens materially affect the land and/or easement (servidumbre) that is required to be constituted.
j. Acceptance by third parties: In cases where the surfaces to be acquired are affected by annotations or liens registered or unregistered in favor of State Institutions or when a conflict between the limitations or conditions is evidenced, the Project Leader will be required to provide a note by which these third parties grant their acceptance to the segregation of the surface or the constitution of the lien in favor of AyA. In the event of non-acceptance by State Institutions, the Project Leader must provide to the technical file the refusal and the report demonstrating that the chosen alternative is the only land available to acquire or upon which to constitute the easement (servidumbre). In cases where the surfaces to be acquired are affected by annotations or liens registered or unregistered in favor of private third parties, the Project Leader must provide a technical report indicating that there is no incompatibility with the use that AyA requires.
k. Measurement correction: In cases where it is determined that a complete farm to be acquired has a real area smaller or larger than the area according to the Registry, a new cadastral map must be prepared by AyA. For this purpose, the Topography and Appraisals Directorate or the Project Leader must request in writing the approval of the property owner or legal representative, endorsing the decrease or increase in area, or alternatively, a report from the topography professional that technically justifies the decrease or increase of the farm area. In case of the owner's refusal to endorse the area difference, the Project Leader will document this situation and provide it in the technical file.
l. Legal opinion on liens and/or annotations: If the study from the Registro Público de la Propiedad shows that a lien for Reservations and Restrictions or Conditions is registered on the margin of the farm, prior to performing the corresponding appraisal, the Office of Administrative Appraisals or attached Units, providing the registry studies, maps, and registered and annotated documents, must consult the Legal Advisory Office, so that it may issue the corresponding Legal Opinion. The foregoing is to determine whether or not the reservations referred to in the registered entry on the property are applicable.
m. Budgetary certification: For the acquisition process of a real property and/or constitution of an easement (servidumbre), the Project Leader must provide a budgetary certification once the file has been reviewed and endorsed by the Legal Advisory Office and prior to its submission to the Board of Directors. The certification must remain valid during the budget period in execution and must include the appraisal amount for the acquisition. The responsible Directorate must also provide for the possible additional amounts that must be assumed in the event of resorting to judicial proceedings.
n. Schematic location map: In the event of a plurality of consecutive easements (servidumbres) to be acquired, the Topography and Appraisals Directorate will generate a schematic location map representing the location of the polygons of the easements (servidumbres) to be acquired.
o. Map overlay or orthophoto overlay: The Topography and Appraisals Directorate must perform an overlay of the land to be expropriated and/or easement (servidumbre) to be constituted on the parent farm map or on the corresponding orthophoto.
p. Endorsement of a map prepared by an external party: For cases where the cadastral maps of lands or easements (servidumbres) required by AyA have not been developed by the Topography and Appraisals Directorate, or by an authorized internal technical Unit, a report signed by the corresponding Directorate or technical Unit will be required, endorsing the map prepared by an external party, which must have the alignments and approvals as applicable. Otherwise, a new survey, cadastral map, and approvals and/or alignments must be prepared as required.
q. Report on existing civil works: In the case of the existence of civil works or infrastructure within the land to be expropriated, it must be indicated whether or not they form part of the aqueduct and/or sewer systems, and also record who built them and when. If there is no information on the origin of the works, a written record must be left of the lack of data to credit such information, as well as the actions taken to gather it.
In any case, the Project Leader will indicate in the Technical Justification the use or actions to be carried out with said works.
r. Administrative appraisal: An Expert Appraisal Report developed by the Topography and Appraisals Directorate or another attached Unit must be provided, which conforms to the current International Valuation Standards and the current Institutional Appraisal Manual.
Administrative appraisals developed for expropriation purposes are "Internal Use" documents until they are analyzed and approved by the Board of Directors of AyA. Administrative appraisals must not be more than 6 months old on the date they are analyzed and approved by the Board of Directors.
s. Registration of concessions: The Project Leader must verify the registration of concessions for which purpose the suitable document must be provided for indemnification purposes.
t. Certification of municipal taxes for lands to be acquired: The Project Leader will request the Administrative Region to process the certification of municipal taxes before the corresponding local government. In the event that the certification of municipal taxes cannot be obtained due to the owner's delinquency or lack of cooperation, the Project Leader will manage, through the Senior Administration of AyA, the formal request to the Municipality.
u. Certification of taxes for legal or commercial entities: Document issued by the Ministerio de Hacienda or authorized banking entities, which will be managed in coordination with the Legal Advisory Office.
When it is not a project but rather the regularization of lands and/or easements (servidumbres) in use or administration by an Administrative Region of AyA, the responsibility for the formation of the technical file and compliance with the preceding paragraphs shall correspond to the Operation and Maintenance Engineer of the Administrative Region where the property is located.