When establishing protected wild areas (áreas silvestres protegidas), whatever their management category, the Executive Branch, through MINAE, is empowered to include within their limits the private farms or parts of farms necessary to fulfill the objectives set forth in this law and to implement them in accordance with the respective management plan or to create legal easements (servidumbres) for ecological protection and compliance with this law.
In the case of national parks, biological reserves, or state national wildlife refuges, the lands shall be acquired by purchase, expropriation, or both procedures, upon prior compensation. In the cases of forest reserves, protective zones, mixed wildlife refuges, and wetlands, the properties or their parts may also be purchased or expropriated, unless, at the owner's request, they voluntarily submit to the forestry regime. That subjection shall be registered in the Public Property Registry as an encumbrance on the property, which shall be maintained for the time established in the management plan.
Private farms affected according to the provisions of this article, by being located in national parks, biological reserves, wildlife refuges, forest reserves, and protective zones, shall be included within the state protected areas only from the moment they have been paid for or legally expropriated, except when they voluntarily submit to the Forestry Regime. In the case of forest reserves, protective zones, and wildlife refuges, and if payment or expropriation has not been made and while it is being made, the areas shall be subject to an environmental management plan that includes the environmental impact assessment (evaluación de impacto ambiental) and subsequently, to the plan for management, recovery, and replacement of resources.
(Thus reformed the preceding paragraph by Article 72, subsection c) of the Forestry Law (Ley Forestal), No. 7575 of February 13, 1996, which in turn was reformed by Article 114 of the Biodiversity Law, No. 7788 of April 30, 1998) The Executive Branch is empowered, through MINAE, to carry out the expropriations contemplated in this article, in accordance with the provisions of the Expropriations Law No. 7495 of May 3, 1995.