For the purposes of this regulation, the following definitions shall apply:
Public Domain Assets (Bienes Demaniales): Those assets under the constitutional protection regime of public domain property, which are imprescriptible, unattachable, and inalienable.
Construction: Art of constructing any structure that is fixed or incorporated into land; includes any building, reconstruction, alteration, or expansion work that implies permanence.
Land-Use Permit Agreement (Contrato de permiso de uso de suelo): Unilateral agreement made by the Municipality of Esparza, for the temporary granting for the enjoyment and use of the provisions of Law No. 10,236.
Technical Study (Estudio Técnico): Technical and legal study prepared by the official designated by the Administration to manage the Zone established in Law No. 10,236. These studies shall be conducted based on the applications submitted by interested parties, as well as the corresponding requirements; they shall serve as the basis for the Municipal Council to approve or reject land-use applications in a precarious state.
IGN: National Geographic Institute (Instituto Geográfico Nacional). Permanently constitutes, on behalf of the State, the official authority and scientific and technical agency governing national cartography, responsible for executing the official base map and the basic geographic description of the Republic of Costa Rica.
INVU: National Institute of Housing and Urbanism (Instituto Nacional de Vivienda y Urbanismo).
Law No. 10236: Reform of Article 79 of the Law on the Maritime-Terrestrial Zone, of March 2, 1977.
Municipality: Municipality of the canton of Esparza Land Survey Plan (Plano de agrimensura): Document by which a single property, parcel, or plot is represented graphically, mathematically, literally, and legally, complying with the standards established by the Regulation to the National Cadastre Law.
Land-Use Permit (Permiso de uso de suelo): That unilateral legal act authorized by the Municipal Council, whereby it grants a private individual (natural person or legal entity) on a precarious basis the mere use of real property, without jeopardizing its recovery provision for reasons of necessity, opportunity, convenience, or merit, with the Municipality of Esparza always reserving its ownership and direct domain over the property. The granted permit does not substantially affect the disposition or special legal regime of public domain assets.
Permittee (Permisionario): That natural or legal person to whom the Municipal Council grants a land-use permit on a precarious basis.
Permittor (Permitente): Refers to the Municipality of Esparza, the legal entity that administers jurisdiction over the canton in the exercise of its legal and institutional powers.
Urban Master Plan (Plan Regulador Urbano): A cantonal-level planning and management instrument, defining a set of plans, maps, regulations, and any other graphic or complementary document that regulates urban development policy and the plans for population distribution, land use and its limitations (of a constructive, environmental nature, among others), circulation routes, public services, community facilities, construction, and urban renewal, duly approved by the INVU.
Precariousness (Precariedad): The power granted by law to the Municipality of Esparza, so that at any time it may revoke a use permit granted unilaterally, whether due to the need to fully occupy the property, for the construction of a public work, as well as for reasons of convenience, safety, hygiene, aesthetics, public interest, or any other administrative decision, all this to the extent that if a conflict of interests arises between the public purpose and the granted permit, the natural use of the public property must prevail. In any case, recovery shall not occur abruptly, granting the permittee a reasonable period to vacate the property granted under the use permit, based on due process.
The above definitions shall be the principal tool for interpreting any legal gap that may arise in the application of this regulation, subsidiarily using the Municipal Code, the General Public Administration Law, Judicial and Administrative Jurisprudence, and the general principles of Law.