III

105TH CONGRESS

2D SESSION S. CON. RES. 84

Expressing the sense of Congress that the Government of Costa Rica should

take steps to protect the lives of property owners in Costa Rica, and

for other purposes.

IN THE SENATE OF THE UNITED STATES

MARCH 17, 1998

Mr. KEMPTHORNE (for himself, Mr. HELMS, Mr. FAIRCLOTH, Mrs. FEINSTEIN, Mrs. BOXER, Mr. CHAFEE, Mrs. HUTCHISON, Mr. COVERDELL,

Mr. GRAMM, Mr. SMITH of New Hampshire, Mr. LEAHY, Mr. DEWINE,

Mr. WARNER, and Mr. CRAIG) submitted the following concurrent resolution; which was referred to the Committee on Foreign Relations

CONCURRENT RESOLUTION

Expressing the sense of Congress that the Government of

Costa Rica should take steps to protect the lives of

property owners in Costa Rica, and for other purposes.

Whereas, although the United States embassy in Costa Rica

had forewarned Costa Rican officials about threats on

Max Dalton’s life, on November 13, 1997, 78-year-old

United States citizen from Idaho and World War II veteran Max Dalton was surrounded and murdered in a dispute with squatters, some of whom were illegally occupying his property in the Pavones region of Costa Rica;

Whereas the murder of Max Dalton was the tragic conclusion

to a seven-year assault perpetrated against Mr. Dalton by
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SCON 84 IS

the squatters in an attempt to steal his property, and

Costa Rican citizen Alvaro Aguilar was also killed in the

incident;

Whereas the initial investigation of Max Dalton’s death was

flawed in that investigators failed to take fingerprints,

collect bullets, and secure the scene of the crime;

Whereas landowners, including United States and Costa

Rican citizens, have reported harassment and invasions

by squatters in areas of the country, other than Golfito

in Pavones, including Cocotales in the North East, the

Caribbean cities of Cahuita and Cocles, and Jaco on the

Pacific Coast;

Whereas the squatters’ tactics have included stealing and

starving livestock, burning homes, leveling crops and fruit

trees, death treats, machete attacks, and, in the case of

a United States citizen, murder;

Whereas Costa Rica has a long history of democratic governance, respect for human rights and close, friendly relations with the United States; nonetheless, successive

Costa Rican governments have failed to deal with squatters invading property held by foreign and Costa Rican

landowners;

Whereas although article 45 of the Costa Rican Constitution

states that ‘‘no one may be deprived of his (property) unless on account of legally proved public interest and after

compensation in conformity with the law’’, this constitutional guarantee has been eroded by the broad interpretation of the Agrarian Code by individuals who have used

it as the basis for aggressive squatter campaigns against

landowners;
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SCON 84 IS

Whereas United States citizens who were drawn to Costa

Rica by the relatively reasonable cost of living and property, particularly for retirement, report spending tens of

thousands of dollars in legal costs to pursue repeated

challenges in the Costa Rican courts without achieving

permanent solutions to the squatter problems on their

lands; and

Whereas a concerted national effort on the part of the Government of Costa Rica to deal with the legal confusion

and enforcement issues relating to property expropriations by squatters is necessary and desirable: Now, therefore, be it

1 Resolved by the Senate (the House of Representatives

2 concurring), That it is the sense of Congress that the Gov3 ernment of Costa Rica should—

4 (1) in the interest of justice to which Costa

5 Ricans have long been committed, consider fun6 damental reform to protect the property rights and

7 lives of all law-abiding residents and property own8 ers of Costa Rica from acts of intimidation, violence,

9 and property invasion; and

10 (2) conduct a complete and thorough investiga11 tion into the death of Max Dalton.

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