in the entirety of the text - Full Text of Regulation 32065 Declares of Public Interest the Acquisition of Property for the Consolidation of the Manuel Antonio National Park.
Full Text of act: 78DB3 Nº 32065 Nº 32065 THE PRESIDENT OF THE REPUBLIC AND THE MINISTER OF ENVIRONMENT AND ENERGY On the basis of the powers conferred by Articles 140, subsections 3) and 18) and 146 of the Political Constitution, Article 37 of the Organic Environmental Law Nº 7554 of October 4, 1995.
1st—In accordance with the Central American Convention on Biodiversity and Protection of Priority Wildland Areas in Central America, whose objective is to conserve to the maximum extent possible the biological diversity, terrestrial and coastal-marine, of the Central American Region, and its in situ conservation of ecosystems and natural habitats with the commitment of all States to take whatever measures are possible for conservation.
2nd—Law Nº 5100 of November 15, 1972 and its amendments, in its Articles 1 and 2 declares the existence of the Parque Recreativo Nacional Playas de Manuel Antonio, empowering the State to expropriate all properties included within its boundaries.
3rd—That at the time of the creation of this Protected Wildland Area, private properties were included within its boundaries.
4th—That Article 37 of the Organic Environmental Law Nº 7554 of October 4, 1995, establishes the obligation for the State to pay for the lands included within the boundaries of the National Parks, empowering the Executive Branch through the Ministry of Environment and Energy to carry out the expropriation thereof as established by the 5th—That Law Nº 8133 published in La Gaceta Nº 194 of October 9, 2001, which amends subsection a) of Article 3 of Law Nº 5100, establishes that of all income generated from entrance fees to the Manuel Antonio National Park, 50% shall be allocated to the payment of lands that were expropriated or acquired within the boundaries of the Park, and that said funds shall be administered by a trust created for that purpose, so that at this time the necessary funds for the acquisition of the described property are available.
6th—That in order to consolidate the Protected Wildland Area, the acquisition of said lands is necessary to prevent the anthropogenic activities that their owners might develop from affecting the protected ecosystems, in addition to allowing adequate management of the Area; therefore, it is necessary for the Executive Branch to proceed to issue the corresponding resolution act, for the purpose of declaring of public interest the expropriation of the property registered under Real Folio number sixty sixteen thousand seven hundred seventy six-zero zero zero (6016766-000), whose nature is currently, according to cadastral plan P-448727-1997, mountain terrain, located in district 01 (Quepos), canton 06 (Aguirre) of the province of Puntarenas, with a real measurement of 18 hectares 4,849 square meters and 38 square decimeters. Bounded on the north, Los Tepezcuintles S. A., on the south, public road to Manuel Antonio and Quepos; on the east, Quebrada Camaronera and Murillo Bejarano Sociedad Anónima and on the west, Desarrollos Playas Manuel Antonio S. A., said property being registered in the name of Desarrollos Playas Manuel Antonio S. A., legal identification number Nº 3-101-259600.
7th—That the property registered in the National Registry under Real Folio registration number sixty sixteen thousand seven hundred seventy six-zero zero zero (6016766-000) owned by Desarrollos Playas Manuel Antonio S.A., legal identification number Nº 3-101-259600, was appraised together with the respective compensation payments by judgment Nº 22-S-00 of eight o'clock on July 26, 2000, of the Tribunal Fiscal Administrativo, which sets the amount to be compensated at the sum of exactly forty-eight million seventeen thousand three hundred eighty-one colones (¢48,017,381.00).
8th—That said property is located in the central part of the Manuel Antonio National Park, so that its biological importance for the ecosystems that the park maintains is evidenced because it constitutes a biological corridor that allows the subsistence of endemic species and the consolidation of the National Park, being part of one of the few remaining forest remnants existing in the zone. Therefore:
THEY DECREE:
Article 1st—The acquisition of the property registered in the National Registry under Real Folio Registration number sixty sixteen thousand seven hundred seventy six-zero zero zero (6016766-000) owned by Desarrollos Playas Manuel Antonio S. A., legal identification number Nº 3-101-259600, is hereby declared of public interest; its nature is currently, according to cadastral plan P-448727-1997, mountain terrain, located in district 01 (Quepos), canton 06 (Aguirre) of the province of Puntarenas, with a real measurement of 18 hectares 4,849 square meters and 38 square decimeters. Bounded on the north, Los Tepezcuintles S. A.; on the south, public road to Manuel Antonio and Quepos; on the east, Quebrada Camaronera and Murillo Bejarano Sociedad Anónima and on the west, Desarrollos Playas Manuel Antonio S. A.
Article 2nd—A provisional order of annotation before the National Property Registry is hereby ordered, for said property which by this resolution has been established as necessary for the consolidation of the Manuel Antonio National Park in accordance with the provisions of Law Nº 5100 and its amendments.
Article 3rd—The competent administrative offices shall proceed to continue with the procedure established for this purpose, for the acquisition of said property, with special observance of the established deadlines and in strict adherence to the provisions of the Expropriations Law and its amendments.
Article 4th—It shall be effective as of its publication.
Given at the Presidency of the Republic.—San José, on the twenty-sixth day of the month of August of two thousand four.
Considering: