Expropriations in Costa Rica

At Officium Legal, we specialize in expropriations. Forced expropriation is perhaps one of the clearest expressions of the State’s sovereign power. However, the attorneys at Officium Legal possess the knowledge and experience necessary to uphold the delicate balance that must exist between the interests of the expropriating State and the protection of the citizen’s rights. 

La Administración Pública debe sujetarse a la Ley de Expropiaciones y la regulación en contratación pública para obtener bienes o derechos que sean de interés público legalmente comprobado.

For example, to expropriate land for the construction of a road, the approval of the project must include the declaration of public utility of the land, which is covered by the General Law of Public Roads.

The process of compulsory expropriation is carried out before the civil contentious-administrative jurisdiction or arbitration; this means that, if the expropriated party opposes the price assigned to the property in the administrative appraisal, it must resort to judicial or arbitration proceedings to initiate a special expropriation process.

Expropiaciones en Costa Rica

Consult the experts

If you are facing an expropriation process or need guidance regarding your rights and obligations, we offer an initial consultation session with our team of experts. During this session, we will help you understand the key challenges of the expropriation process, including property valuation, timelines, and defense mechanisms.

There are two reasons:

  • Knowledge
  • Experience

What are the requirements for expropriations in Costa Rica?

  • Declaration of public interest.
  • Generic declaration of public interest.
  • Provisional and definitive annotation.

Who carries out the procedure of the Expropriation Law in Costa Rica?

Lawyers specialized in public law can represent you in administrative procedures and expropriation proceedings. Our team of expropriation lawyers will advise you with professionalism, during the expropriation.

Who participates in the expropriation process in Costa Rica?

1 – The Expropriated party: The individual who owns the assets, rights, or patrimonial interests that are subject to expropriation.

2 – The beneficiary: The State, public entity, or a private party entrusted with fulfilling the purposes of public utility or social interest that justify the expropriation.

3 – The expropriating authority: The legal entity that owns or holds the power to expropriate.

 

What are the characteristics of expropriation?

  • The Expropriation Law is coercive in nature.
  • The State claims the property unilaterally.
  • The expropriated parties receive an economic compensation.
  • The process is of a legal nature, through two stages: the administrative procedure and, subsequently, if the expropriated party approves the administrative appraisal, the judicial process or arbitration is initiated, depending on what the parties have agreed.

What objects can be expropriated?

  • Real estate
  • Movable property
  • Legitimate patrimonial rights or interests

También existen bienes o derechos que no se pueden expropiar, así como bienes o derechos que no se deben expropiar. 

Among these can be found: 

  • Personality rights.
  • Goods of public domain.
  • Communal property.

Fair Price Determination

De acuerdo con la Ley de Expropiaciones, el expropiado debe recibir una compensación que represente el valor y todos los daños perjuicios sufridos, esto también es conocido como Justo Precio.

A efectos de determinar el justo precio, el perito deberá cumplir las siguientes disposiciones:

All data necessary to value the property being expropriated must be indicated and shall describe, in a comprehensive and detailed manner, the method used.

With regard to real estate, the report must contain a clear and detailed mention of the following:

  1. The topographical description of the land.
  2. The state and current use of the constructions.
  3. The current use of the land.
  4. The rights of tenants or lessees.
  5. Licenses or commercial rights, if applicable by law, including, but not limited to, all direct and indirect production costs, national and municipal taxes and insurance.
  6. Permits and licenses or concessions for the exploitation of deposits, duly approved and in force in accordance with the law.
  7. The estimated price of adjoining properties and other properties in the area or sales made in the area, especially in the case of a road or other project similar to that of the part of the property being appraised, in order to compare the surrounding prices with that of the property being expropriated, as well as to obtain a homogeneous and usual value for the area.
    1. The encumbrances that weigh on the property and the value of the property, fixed by the owner for these transactions.
    2. Any other elements or rights susceptible of valuation and compensation.

Our team of lawyers specialized in expropriations offers you the following services:

  • Legal advice in expropriations.
  • Advice and representation in administrative expropriation proceedings.
  • Advice and representation in judicial expropriation proceedings.

When is it advisable to hire an expert?

It is necessary to have the legal advice of a specialist in administrative law in Costa Rica, to provide support in the administrative procedure and in the judicial process, allowing you to obtain a fair price for your property.

En Officum Legal guiamos y velamos por tus intereses, buscamos soluciones que se ajusten a tu derecho. Contacta a un uno de nuestros abogados expertos en expropiaciones, y obtén una asesoría en expropiaciones personalizada.

Declarations of Public Interest and Expropriations in Effect

In Costa Rica, several infrastructure, urban development and environmental conservation projects have been declared of public interest, which may involve expropriation processes. These declarations seek to ensure the orderly growth of the country and the general welfare, but they also imply effects on private property.

In this section, you will find an updated list of projects with current expropriations or with the potential to expropriate land. If your property is located within any of these zones or you have doubts about your rights, Officium Legal provides specialized advice to ensure that the process is carried out in accordance with current regulations and in defense of your interests.

Dr. Raul Blanco Cervantes Geriatric Hospital

 

On February 6, 2025, the Board of Directors of the Costa Rican Social Security Fund (CCSS) declared the land for the construction of the new Dr. Raúl Blanco Cervantes National Hospital of Geriatrics and Gerontology to be of public interest. This decision allows initiating the necessary expropriation processes to acquire the properties required for the project.

This declaration follows a ruling by the Constitutional Chamber in January 2025, which ordered the CCSS to complete the feasibility studies of the project within a period of two months, considering that the suspension of construction violated the fundamental rights of the elderly.

New Manuel Mora Valverde Hospital in Golfito

As part of the process to improve hospital infrastructure in the region, the Costa Rican Social Security Fund (CCSS) declared the land destined for the construction of the new Manuel Mora Valverde Hospital in Golfito to be of public interest on February 6, 2025.

Since 2016, the CCSS has promoted the acquisition of suitable land for this project, in coordination with the Costa Rican Electricity Institute (ICE). After technical studies, it was determined that the property registered under Folio Real matricula 122203-000 and cadastre plan P-0724432-2001 is the ideal site for the construction and equipping of the hospital.

With this declaration, progress is made in the expropriation process and subsequent development of the new hospital infrastructure.

San Carlos - Punta Sur Highway

El proyecto de la nueva carretera San Carlos Punta Sur se compone de tres tramos clave: Florencia-La Abundancia, La Abundancia-Sifón de San Ramón y Sifón-San Miguel de Naranjo. Como parte de su desarrollo, el Ministerio de Obras Públicas y Transportes (MOPT) continúa con las gestiones de expropiación necesarias para la construcción del tramo Bernardo Soto-Sifón

What our customers say

The satisfaction of our clients
is our greatest achievement.
We are proud to have your trust
and recommendations, which reflect
our commitment to
excellence and real results in
every case.

en_USEnglish