8640, the Regulation of the Forest Law and the Procedure Manual for the Program of Payment for Environmental Services.
Forest conservation projects, in the protection modality, on lands in possession may be covered by the Program of Payment for Environmental Services, excluding any application whose forest lands in possession are located within National Parks, Biological Reserves and Natural Monuments.
The granting of payment for environmental service, under any modality, is not a mechanism nor legal instrument to obtain ownership of the land, through the figure of adverse possession, nor will it recognize any type of right in rem, therefore the National Forest Financing Fund must state this in the contract. Any declaration of any type of right of ownership or possession must be issued by the corresponding judicial authority, and the environmental services payment contract may not be used as proof of possession in judicial proceedings.
To opt for the environmental service benefit, indicated in this article, the interested party who does not possess a title of judicial possession or from the IDA must comply only with the requirements established in article 9 of Law No. 8640 to demonstrate their possession. The National Forest Financing Fund shall be responsible for issuing the Manual for the Payment for Environmental Services, for any modality, which will indicate the procedure and guidelines to follow.
Additionally, the National System of Conservation Areas, at the opportune procedural moment, may express its opinion on the file consulted by the National Forest Financing Fund. In the consultation, it may be indicated if there are elements related to the applicant for the payment for environmental services, as to whether they are registered in any census of the Conservation Area or have collaborated in volunteer surveillance or firefighting brigades; if the land indicated in the file is in the process of purchase or expropriation by MINAE; if the applicant has been administratively or judicially denounced for crimes against the environment, at the instance of SINAC; if there are boundary lanes or other land demarcation elements and if there are constructions on it such as houses, corrals, roads, trails, paths, crops, livestock or other human, agricultural, commercial and tourism activity.
The National Forest Financing Fund will carry out in all cases an inspection of the land and will issue a recommendation, for the signing of the contract or the archiving of the procedure. This inspection may be coordinated with the National System of Conservation Areas.
The National Forest Financing Fund or the Sustainable Biodiversity Fund, must include in the respective contracts, a condition of effectiveness, consisting that in the event that the beneficiary persons or companies sue the State, its organs or institutions in the Courts of Justice for aspects of ownership of said properties, their contracts will be rescinded as of the moment the lawsuit is filed, without prejudice to possessory information proceedings".