2024-07-16 | DOF 5733609Added · Updated
The document declares eight land fractions totaling 275,463.96 square meters along the MEX-085 Portezuelo-Cd. Valles highway in Tamazunchale, San Luis Potosí, subject to the public domain regime of the Federation. These fractions are declared inalienable, imprescriptible, and unseizable, with the Ministry of Infrastructure, Communications and Transport designated as the administrator while maintaining use and control. The declaration becomes effective the day after its publication in the Official Gazette and is registered in the Federal Property Registry and the local public property registry to ensure opposability against third parties.
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DOF: 16/07/2024
DECLARATORIA of Subject Matter to the Public Domain Regime of the Federation, regarding the land fractions of the federal property indicated.
At the margin, a seal with the National Coat of Arms, which says: United Mexican States.- TREASURY.- Ministry of
Treasury and Public Credit.- Institute of Administration and Appraisal of National Assets.- Folio: DSRDPF/ 100/2024 to DSRDPF/107/2024.
DECLARATION OF SUBJECT MATTER TO THE PUBLIC DOMAIN REGIME OF THE FEDERATION,
REGARDING THE LAND FRACTIONS OF THE FEDERAL PROPERTY INDICATED.
Gabriela Guerrero Aguilar, General Director of Administration of the Federal Real Estate Heritage of the
Institute of Administration and Appraisal of National Assets, Decentralized Administrative Body of the
Ministry of Treasury and Public Credit, based on the provisions of articles 27 of
the
Political Constitution of the United Mexican States; 2, fraction I, 17, 26, 31, fractions XXIX and XXX, of the
Organic Law of the Federal Public Administration; 2, fractions II, IV, VI and VII, 3, fraction III, 4, paragraphs
first and second, 6, fraction VI, 10, 13, 28, fractions I, III and VII, 29, fractions I and IV and 32, fractions III and IV,
42, fraction V, 43, 48 and 101, fraction III of the General Law of National Assets; 2, 3, fraction VI and 4 of the Law
of the Official Gazette of the Federation and Government Gazettes; 2 and 4 of the Federal Administrative Procedure Law;
4, section G, fraction V, 48 and 49 of the Internal Regulations of the Ministry of Treasury and
Public Credit; 1, 3, fraction X, 4, fraction I, subsection e), 5, 6, fraction XXXIII; 7, fractions XIV and XXIII and 11
fractions I and V of the Regulations of the Institute of Administration and Appraisal of National Assets; and First of the
Delegation Agreement, issued by the President of the Institute of Administration and Appraisal of National Assets,
published in the Official Gazette of the Federation on March 8, 2017; and
C O N S I D E R I N G
ownership of the lands and waters included within the limits of the national territory, belongs
originally to the Nation, which has had and has the right to transmit the ownership of them to
private parties, constituting private property, having the Nation at all times the right to impose on the
private property the modalities dictated by public interest.
the land with or without constructions of the Federation, as well as those in which it exercises possession, control or
administration as owner.
subject to the public domain regime of the Federation the federal real estates that are destined de
facto or through a legal order to a public service and the real estates equated to these
according to said Law.
surveillance and use, regarding 8 land fractions of a Federal real estate of greater size,
with a linear length extension of 131.37 kilometers, with the Federal Real Estate Registry 24-9871-8 , located in
the MEX-085 Portezuelo - Cd. Valles Highway ,
in the Municipality of Tamazunchale, State of San Luis Potosí ,
whose technical data are recorded in the plans prepared by the S.I.C.T. Center San Luis
Potosí, of the Undersecretariat of Infrastructure of the Ministry of Infrastructure, Communications and
Transport, numbers: DV-1/8 to DV-8/8, for the use of public services under its charge, with the
locations and corresponding surfaces, described in the following table:
SECTION: TAMAZUNCHALE - CD. VALLES.
SUBSECTION: FROM KM 278+613.359 TO KM 285+500.
No. DSRDPF .
SURFACE M²
LOCATION
MUNICIPALITY
PLAN
100/2024
15,465.59
Km 278+613.359 to Km 279+000
Tamazunchale
DV-1/8
101/2024
39999.42
Km 279+000 to Km 280+000
Tamazunchale
DV-2/8
102/2024
39999.62
Km 280+000 to Km 281+000
Tamazunchale
DV-3/8
103/2024
39999.85
Km 281+000 to Km 282+000
Tamazunchale
DV-4/8
104/2024
39999.77
Km 282+000 to Km 283+000
Tamazunchale
DV-5/8
105/2024
39999.73
Km 283+000 to Km 284+000
Tamazunchale
DV-6/8
106/2024
39999.99
Km 284+000 to Km 285+000
Tamazunchale
DV-7/8
107/2024
19999.99
Km 285+000 to Km 285+500
Tamazunchale
DV-8/8
TOTAL
275,463.96
are controlled in the Inventory System of the Federal and Para-statal Real Estate Heritage
with the Federal Real Estate Registry indicated in the previous Consideration.
Declaration are Federal real estates that fit the case provided for in article 6, fraction VI of the
General Law of National Assets; therefore, on June 14, 2024, it was published in the Official Gazette of
the Federation, the notification by which the start of the administrative procedure
to issue this Declaration of Subject Matter to the Public Domain Regime of the Federation is made known
in terms of article 29, fractions I and IV of the General Law of National Assets.
to manifest what was convenient for their rights, regarding the procedure cited in the previous consideration, since
no manifestation or opposition was received; on behalf and in representation of the
Ministry of Treasury and Public Credit, a department of the Federal Executive in charge of determining and
conducting the real estate policy of the Federal Public Administration; as well as to declare, when necessary,
that a specific asset is subject to the public domain regime of the Federation, because it is
included in some of the provisions of the General Law of National Assets; I have deemed it appropriate to issue
the following:
D E C L A R A T I O N
FIRST.- That the 8 land fractions that form part of a Federal real estate of greater size,
described in Consideration 4 of this instrument, are subject to the public domain
regime of the Federation.
SECOND.- That for the above reason, these land fractions that form part of a Federal
real estate of greater size, are inalienable, imprescriptible and unseizable, for which reason they are not
subject to positive or negative prescription, nor are they the object of reivindicatory actions or possessory interdicts
by third parties, by their nature they cannot be considered vacant assets for the purposes of
articles 785 to 789 of the Federal Civil Code.
THIRD.- In this way, while these land fractions that form part of a Federal
real estate of greater size, continue in use and control by the Ministry of Infrastructure,
Communications and Transport, said department will have the character of administrator with respect to them,
for the purposes of articles 2, fraction II and 6, fraction VI of the General Law of
National Assets, being obliged, through its Real Estate Manager, to comply with the
articles 28, fraction I and 32 of the cited law.
FOURTH.-
Even if the Ministry of Infrastructure, Communications and Transport, ceases to occupy
the 8 land fractions that form part of a Federal real estate of greater size, subject to the
present Declaration and they are made available to the Ministry of Treasury and Public Credit
through the Institute of Administration and Appraisal of National Assets and said Institute receives them
for their administration, as well as in the event that they cease to be destined to the purposes of article 59 of
the General Law of National Assets, the relative fractions will continue to be subject to the public domain
regime of the Federation.
FIFTH.- Publish this Declaration in the Official Gazette of the Federation, so that it produces effects in
terms of what is provided in article 101, fraction III of the General Law of National Assets.
SIXTH.- Register this Declaration as an act of legal certainty that certifies the
Federal real estate nature regarding the 8 land fractions subject to it, both in the Federal Property Registry
as well as in the Public Property Registry corresponding to the location of the
land fractions in question, in accordance with what is provided in articles 42, fraction V, and 48 of the Law
General of National Assets, for purposes of publicity and opposability against third parties.
T R A N S I T O R Y
SINGLE.- This Declaration will enter into force the day after its publication in the Official Gazette of
the Federation.
Mexico City, on July 5, 2024.- General Director of Administration of the Federal Real Estate Heritage, Gabriela Guerrero Aguilar .- Rubric.
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