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Constitutional Court Declares Puerto Viejo and Cahuita Are Not Cities
Posted by Editor | March 1, 2009 | Categories: Economic Development, Government and Politics | 9 Comments
 At stake are the unspoiled beachfront properties of the area and who gets to make the decision to of how to develop them |
In a long awaited decision released on Feb 25, the Sala Constitucional declared that the law making Cahuita and Puerto Viejo cities was unconstitutional.
Law 8464 passed in October 2005 had declared that these communities were municipalities. This would have allowed people who have lived in these areas for many years to obtain title to land as the city designation would have exempted these areas from some of the provisions of the maritime zone law which states that the first 200 meters of property from the high tide line is public property. Under this law, in effect since 1977, the first 50 meters can not be developed at all and the next 150 meters can only be leased from the government as a “concession”.
But law 8464 was challenged from the very beginning and it also did not specify the boundaries of the proposed cities. So local property owners and governments were left in limbo as to who would ultimately be responsible for making rules and determining development planning.
Real estate agent Manuel Pinto told the Talamanca News that this decision is unfortunate for those long time residents who would’ve obtained more valuable legal title to their land. But much of this land had also been bought from those long term residents by speculators in the hopes that title would come through. Those residents and those to whom they have sold will now have to abide by the maritime zone rules.
While giving title to those currently holding such land would’ve been a boon to them financially it would have also opened up that land to development which didn’t necessarily respect the natural environment or character of the area.
Local property developer Christer Ericsson stated that “longtime residents have no reason to fear eviction if they truly have been living on their lands before the law took effect and obtained it in a lawful manner. They will simply get the right to the concession inheriting the rights and obligations that come with it. Concessions will be granted by the local government (Municipality) and ICT only. The arrival of a plan regulator is setting the stage for proper planning and zoning that will protect our community in the future from indiscriminate development.”
Ericsson said his impression is that overall “the community is welcoming this decision and are happy to see all institutions unified working together for the sake of all residents and the future of the community.”
More:
- Nuestro País: Cahuita y Puerto Viejo en Limón no son ciudades (in Spanish) (Google translation to English)
- A.M. Costa Rica: Sala IV strips Cahuita and Puerto Viejo of city status
Comments
9 Comments so far
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This is confusing! I read the A.M. Costa Rica article also. Does this ruling make it easier for big developers to have resorts on the areas of concession land ? I am concerned!
Yes, this will make easier for big developers to build resorts in the area. The cost of concession land will be lower than buying land from private land owners. This will also give local government power to pick and choose who gets the concessions. Therefore big money will have preferential treatment. This maybe prelude for future marina deal and other large developments. Keep your eyes and ears open.
Greg, a couple of points.
1.Virtually all land that will become concessions are already in the hands of private owners.
2.Nor is it true that concessions will warrant lower prices. On the contrary, concessions guaranties the judicial security for the landowner (concession owner) that today is missing and therefore will agregate a higher value (price)to a potential buyer. The same is protection and benefit is granted all owners no matter how big or small the value of the concession.
3. The Municipality has to grant the concession in accordance with Plan Regulador. This regulates the approval process and gives it checks and balances. It also means “big money” does not automatically gets preferential treatment. Example even if an oil refinery or a cement factory is the highest bidder on a concession in say Punta Uva they will not be granted the concession due to Plan Regulador.
I prefer one sustainable big money resort development that uses a water treatment plant than 99% of current hotels and businesses that flushes all grey and black water straight into our environment. Keep your eyes and ears open for the few truly eco friendly businesses in town that actually walk the walk
Whats wrong with big investors? Its not the size of the investment but what they do with it. I have seen beautiful and, yes, costly green projects that work in harmony with nature. I think in this economy we can’t afford to turn any sustainable investments down. RL
Dani….. what projects are you talking about?
Dudes!
can anyone tell me what they like and dislike about Puerto Viejo? Are they screwing it up like LIMON?
Is it generally safe in the area? I bought some land uphill near margarita and will visit later.
I love costa rica as I worked the cruise ships and use to go to Puerto Caldera and San Jose.
Anyone looking for a good price on lots check out ebay and punch in tropical ocean views under real estate.1.75 acre parcels are going for about 1200 dollars with processing fees. I would like some people who care about the area as you obviously all seem to, as neighbors.
cheers
dave
Sorry Ladies! I meant Dudes and Ladies
Cheers
dave
Dave Hill….
The lands you bought cheap are a scam my friend!!!! NEVER buy land ONLINE you have not seen – and checked out locally. If it is too good to be true – then it IS too good to be true!
The “seller” has been selling the SAME scam lots for 20 years to hundreds of people – over and over again…people need to know about it…and yet he continues. Please contact me privately….I will be happy to explain more.