[Congressional Record Volume 144, Number 29 (Tuesday, March 17, 1998)]
[Senate]
[Pages S2136-S2137]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




   SENATE CONCURRENT RESOLUTION 84--EXPRESSING THE SENSE OF CONGRESS 
   RELATIVE TO PROTECTING THE LIVES OF PROPERTY OWNERS IN COSTA RICA

  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:

                            S. Con. Res. 84

       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 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 threats, machete attacks, and, in the case of 
     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 Agrarain Code by individuals who have 
     used it as the basis for aggressive campaigns against 
     landowners;

[[Page S2137]]

       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;
       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
       Resolved by the Senate (the House of Representatives 
     concurring), That it is the sense of Congress that the 
     Government of Costa Rica should--
       (1) in the interest of justice to which Costa Ricans have 
     long been committed, consider fundamental reform to protect 
     the property rights and lives of all law-abiding residents 
     and property owners of Costa Rica from acts of intimidation, 
     violence, and property invasion.
       (2) conduct a complete and thorough investigation into the 
     death of Max Dalton.

  Mr. KEMPTHORNE. Mr. President, I rise today to express my concern 
with the government of Costa Rica which has failed to deal with the 
theft of property from American and Costa Rican landowners by 
squatters. At the same time, I call on the Government of Costa Rica to 
come to a quick and thorough conclusion in their investigation into the 
death of United States citizen Max Dalton of Idaho.
  Despite claims of the Costa Rican Government to the contrary, 
landowners, including United States and Costa Rican citizens, have 
reported harassment and invasions by squatters in all areas of the 
country. The squatters' tactics have included stealing and starving 
livestock, burning homes, leveling crops, death threats, machete 
attacks, and, in the case of one Idahoan, murder.
  The Washington Post reported in its March 2 edition that Max Dalton 
had been threatened by these squatters for nearly five years before his 
death in November. Before he was murdered, Max was harassed by 
squatters who attacked him with machetes, bombed his house, stole his 
horses, and set fire to his boat. Just days before his death, Max's 
children again notified authorities about the threats against their 
father.
  The United States embassy in Costa Rica had warned Costa Rican 
officials about threats on Max Dalton's life. Nonetheless, on November 
13, 1997, this 78-year-old United States citizen and World War II 
veteran was surrounded and ultimately murdered by land squatters, some 
of whom were illegally occupying his property in the Pavones region of 
Costa Rica. This crime was the tragic conclusion to a 5-year assault 
perpetrated against Mr. Dalton by the squatters in an attempt to steal 
his property.
  Many facts remain unanswered surrounding Max Dalton's death. The 
investigation into the murder remains stalled and the killers remain at 
large. This cannot be tolerated. The murder of Max Dalton must be 
investigated and I urge the Costa Rican Government to make sure this 
happens.
  I call on the Costa Rican Government to take immediate and decisive 
action to clarify and protect lives and property rights. Law-abiding 
citizens and residents should not be threatened by acts of 
intimidation, violence and property theft by bands of squatters who 
have been terrorizing legitimate landowners through all regions of the 
country. Max Dalton's death must not be in vain.
  That is why, Mr. President, I am submitting a resolution, along with 
13 of my colleagues, condemning the incompetence surrounding the 
investigation into the death of Max Dalton. It is important that this 
body, the United States Senate, acknowledge this situation and let the 
Government of Costa Rica know that reform is required.
  Mr. President, I submit this resolution on behalf of myself, Senator 
Helms, Senator Faircloth, Senator Feinstein, Senator Boxer, Senator 
Gramm of Texas, Senator Hutchison of Texas, Senator Craig, Senator 
DeWine, Senator Smith of New Hampshire, Senator Chafee, Senator Leahy, 
Senator Coverdell, and Senator Warner.
  It is time for use to send a very clear message to Costa Rica, that 
we ask them for a thorough investigation, that we call upon them for 
the reform so that the landowners--the citizens in Costa Rica and the 
U.S. citizens that are there--can know that there are laws that will be 
adhered to and that justice will be done.

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