San Rafael’s Homeowners Face Potential Evictions
Scores of residents in San Rafael de Heredia are gripped by the fear of potentially losing their homes due to a 135-year-old law designed to safeguard water sources. While the state had previously allowed them to register their properties, avail public services, and even mortgage their assets, it’s now looking to reclaim the lands to adhere to an environmental protection mandate.
Court Ruling Pushes for Law Enforcement
A recent ruling by the Constitutional Chamber commanded the Ministry of Environment and Energy (Minae) to enforce Law 65, thereby protecting a vast geographical area surrounding the Barva Volcano.
Drafted in 1888 by Swiss geographer Henri Pittier, Law 65 declared a strip of land, two kilometers wide on each side of the volcano’s summit between Zurquí and Concordia hills, as inalienable. This decision was rooted in designating the area as crucial for conserving mountains that source streams and springs supplying water to Heredia and parts of Alajuela province. The state had previously never executed this law.
However, a recent verdict by the Constitutional Chamber has spotlighted environmental rights and mandated Minister of Environment and Energy, Franz Tattenbach Capra, to reclaim the mountain lands of Heredia, labeled as natural heritage.
Hundreds in Limbo Over Property Rights
Hundreds of property owners within the inalienable zone are in a state of uncertainty. A 2011 report from La Nación indicated 1,100 affected owners, a number that might have risen today.
Among those affected is Sonia Castañeda, who discovered only three weeks ago that her home, which she purchased from a bank four years prior, lies within the inalienable zone, restricting her from selling or modifying it. Ledezma, another resident, is tormented by the implications of Law 65 and has faced restless nights for a decade after acquiring her house 23 years ago. Both these residents, along with others, claim they’re close to the border of the inalienable zone.
Hope from a Past Precedent
The affected homeowners, including Fabio León, a retired lawyer, hope that a precedent from 2013 might offer some respite. Some properties in the inalienable zone were exempted from Law 65 in 2014, which provides a glimmer of hope for those now facing eviction.
Legal Perspectives on the Issue
Lawyer Marco Maroto, representing Ledezma, asserts that while the state can reclaim lands within the inalienable zone, it would need to compensate the owners. Furthermore, property taxes paid over the years could also be claimed.
The lands in question are currently used for various activities like tourism, livestock rearing, logging, or residential purposes. Some of these properties are crucial as they house rivers supplying water to areas in Heredia, Alajuela, and San José. Part of this land borders the Braulio Carrillo National Park.
The court has directed the minister to identify all such lands within six months and strategize their reclamation in the subsequent six months.
