Puerto Jiménez Legal Status and the Maritime Zone,  Hector González

The town of Puerto Jimenez, with approximately 2000 habitants, has a fundamental tenancy problem which currently has, and will continue to have serious legal consequences for it’s inhabitants and jeopardizing future development if there is no way to resolve this situation in the short term. The problem is that a good portion of the town is located inside the Maritime Zone and the fact that the town has no legal declaration or planning of any kind. It is an illegitimate town. During the past 90 years, the town’s people slowly built houses, businesses and public infrastructure. Over time, new structures replaced old structures and the town slowly expanded. Even more so when tourism became a large part of the local economy during the past 10 years. Many of the existing structures of the town are located inside the 150 meter restricted zone...some of them inside the 50 meter public zone. Also, many public service buildings are in the same situation such as the town hall, the post office, the soccer field, the airport, MINAE offices, the school, the bank, and most of the main street. All, technically illegal and according to the law, must be torn down.

This very same problem is also the main obstacle that will prevent future development and investment in the town even though the recently published JICA study has designated Puerto Jimenez as the primary tourist centre for the Osa Peninsula. The town’s people cannot title their properties even through the new program declared by presidential decree and managed by IDA, called Titling of Puerto Jimenez. Loans or mortgages are not possible. Investors are not willing to invest in development as there are no legal guarantees for the land and construction is technically illegal. Potential waterfront activities and service tourists cannot be developed such as marine services, public bathrooms or private businesses. The situation has reached a point where only the lawmakers and the various government institutions can resolve it. We need to find the way to declare Puerto Jimenez as a legitimate urban area to give the town and it’s people the legal security that it deserves.