Decree for Alajuelita Park is repealed and donation of state land is annulled

The Executive Branch repealed Executive Decree No. 40082-C, which created the Park for Human Development of the canton of Alajuelita as a program of the Ministry of Culture and Youth. The decision was formalized through Executive Decree No. 45881-MCJ, published in La Gaceta No. 185 on Thursday, October 1, 2026, in the Executive Branch Decrees section (reference D45881-IN202601128134). With the repeal, the previous regulatory regime is closed, enabling the formalization of the donation of the state property to the Municipality of Alajuelita.

The decree was signed by the President of the Republic, Laura Fernández Delgado, and the Minister of Culture and Youth, Jorge Rodríguez Vives, in San José on the twentieth day of July 2026. It is based on articles 89, 140 paragraphs 3), 8), 18) and 20), and 146 of the Political Constitution, the General Law of Public Administration, Law No. 6227 of May 2, 1978, and the Law for the Creation of the Ministry of Culture, Youth and Sports, Law No. 4788 of July 5, 1971.

The origin of the change is Law No. 10865, “Authorization for the Ministry of Culture and Youth to donate the land corresponding to the Human Development Park of Alajuelita to the Municipality of that canton.” This law removed the property from public use and authorized the State to donate it to the Municipality of Alajuelita, legal entity number 3-014-042044, exclusively for the park, its development, and sustainability.

The reasons: regulatory incompatibility and confusion

The decree considers that the regime provided for in Executive Decree No. 40082-C is incompatible with the transfer of the property in favor of the Municipality of Alajuelita and with the principle of municipal autonomy expressly recognized in the law.

It also warns that keeping it in force could generate regulatory confusion, as a regulation that conceives the park as a program of the Ministry of Culture and Youth would coexist with a subsequent law that authorizes the donation and establishes a new administration model. The stated objective is to adapt the current regulatory framework and avoid duplications, contradictions, or regulatory overlaps. The text adds that the regulation does not establish or modify procedures for the administered party, therefore it does not require prior regulatory improvement control according to article 12 bis of Executive Decree No. 37045-MP-NEIC.

What the decree establishes, article by article

• Article 1—Repeal: repeals Executive Decree No. 40082-C, titled “Creation of the Park for Human Development of the canton of Alajuelita”.
• Article 2—Scope: implies the closure of the regulatory regime that conceived the park as a ministerial program, without prejudice to the administrative, registry, notarial, and inter-institutional coordination actions necessary to formalize the donation.
• Article 3—Transitory Coordination: the Ministry of Culture and Youth may coordinate with the Municipality of Alajuelita, the State Notary, and other public entities the process of formalizing the donation, the delivery of documentation, and the administrative transition.
• Article 4—Municipal Autonomy: coordination actions must respect municipal autonomy and may not be understood as ordinary administrative power, direction, operation, or permanent management of the property once the donation is formalized and registered.
• Article 5—Validity: takes effect from its publication in the Official Gazette La Gaceta.

The property and the new administration model

The land is registered with cadastral plan No. 2-044199-2018, located in the party of San José, canton of Alajuelita, district of San Felipe, and registered in the National Registry under the real folio system, registration No. 1-697741-000. The Alajuelita Human Development Park is currently located on this property.

Law No. 10865 provides that the donation will be carried out in accordance with the principle of municipal autonomy and will be subject to the respective agreement of the Municipal Council. Furthermore, it establishes that the administration of the park will be developed through a public-private partnership in which a foundation to be created for this purpose and the Municipality of Alajuelita will participate.

The donated asset shall be used exclusively for the park and will allow for the implementation of programs and activities oriented toward human, artistic, cultural, recreational, sporting, economic, and social development, as well as the training and professional development of the inhabitants of the canton and surrounding communities.

For the residents of Alajuelita, the repeal clears the transfer of a key state property and shifts the administration of the park to the municipal sphere, under a public-private partnership model. The change also organizes the legal framework: a single law, Law No. 10865, henceforth governs the destination of the land, while the Ministry of Culture and Youth is limited to transitory coordination tasks.

Source: La Gaceta, No. 185 of Thursday, October 1, 2026, Executive Branch — Decrees, pp. 2-3 (official reference: Executive Decree No. 45881-MCJ, D45881-IN202601128134).