Expropriation as a way of public investment

Abstract

The figure of expropriation is an instrument to be used by the State and as a manifestation
of the exercise of its powers of empire, being a mechanism of coercive acquisition of an asset,
in order to satisfy requirements of public utility recognized by law, prior compensation
to its owner, its legal regime is publicist, since it implies a unilateral act of the State in the
exercise of ius imperio. The expropriation procedure in Costa Rica has been described as
tedious and complicated and perceived by the citizens as an obstacle in the development of
infrastructure works of the State necessary for its economic and social development. It is
also considered an unclear procedure and this opacity generates distrust and insecurity in
the administered party. The State is lagging behind in infrastructure works necessary for not
only economic but also social development, so it is necessary to know and understand the
figure and find the mechanisms that untie the moorings that do not allow an agile application
of the expropriation process itself. Based on this gap, this research seeks to develop and
explore this figure in order to promote a better visualization, knowledge and its application
in the prevailing situations in Costa Rica today, in the midst of an unprecedented fiscal crisis
in our country.