2024-07-17 | DOF 5733830Added · Updated
The Institute of Administration and Appraisal of National Assets declares that the real estate identified as "Monte Sinaí" (RFI 30-26722-6) in Tuxpan, Veracruz, is subject to the federal public domain regime. This designation renders the property inalienable, imprescriptible, and unseizable, and requires the user, the National Council of the Assemblies of God, to safeguard and maintain the asset while cooperating with the Ministry of Finance and Public Credit to finalize administrative or judicial resolutions. The declaration takes effect the day after its publication in the Official Gazette of the Federation and mandates registration in both the Federal and local property registries.
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DOF: 17/07/2024
DECLARATION of Subject to the Federal Public Domain Regime, regarding the Federal real estate identified
At the margin, a seal with the National Coat of Arms, which reads: United Mexican States.- TREASURY.- Ministry of Finance and Public Credit.- Institute of Administration and Appraisal of National Assets.- Folio: DSRDPF/AR/ 07/2024.
DECLARATION OF SUBJECT TO THE FEDERAL PUBLIC DOMAIN REGIME,
REGARDING THE FEDERAL REAL ESTATE IDENTIFIED. (R.F.I. 30-26722-6).
Gabriela Guerrero Aguilar, General Director of Federal Real Estate Asset Administration of the
Institute of Administration and Appraisal of National Assets, Decentralized Administrative Body of the
Ministry of Finance and Public Credit, based on what is provided by articles 27 fraction II
(before the reform of January 28, 1992), 130, Seventeenth Transitory of the Political Constitution of
the United Mexican States; 2 fraction I, 17, 26 and 31 fractions XXIX and XXX, of the Organic Law of the
Federal Public Administration; 2 fraction II, 3 fraction VI, 4, 6 fraction V, 10, 13, 28, 29, fraction IV, 32, 40,
42, fraction V, 48, 78, 79 and 101 fraction III and Fourth Transitory of the General Law of National Assets; 4
g subsection G, fraction V, 48 and 49 of the Internal Regulations of the Ministry of Finance and Public Credit; 1, 3
fraction X, 6 fraction XXXIII 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 the day
8 of
March 2017, and
C O N S I D E R I N G
1.- That article 27 of the Political Constitution of the United Mexican States, provides that the
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
individuals, constituting private property, having the Nation at all times the right to impose on the
private property the modalities dictated by public interest.
2.- That fraction II of article 27 of the Political Constitution of the United Mexican States, before
the reforms of January 28, 1992, establishes that "temples destined for public worship are property
of the Nation, represented by the Federal Government, who will determine those that must continue to be
destined to their object. The temples that in the future are erected for public worship, will be property
of the Nation"; in this sense, the Seventeenth Transitory article of the Political Constitution of the United
Mexican States in force, establishes that these assets owned by the Nation will maintain their current
legal situation.
3.- That according to articles 1°, 2º, 3° and 4° of the Law of Nationalization of Assets, Regulatory of
fraction II of Article 27 Constitutional, it indicates which are the assets owned by the Nation, represented
by the Federal Government.
4.- That, for its part, article 6 fraction V and Fourth Transitory of the General Law of National Assets
provide that they are subject to the federal public domain regime the nationalized real estate to
which Article Seventeenth Transitory of the Political Constitution of the United States
Mexicans, including those regarding which, as of the date of entry into force of the present
regulation, no judicial resolution or administrative declaration
corresponding had been issued.
5.- That the Ministry of Finance and Public Credit through its decentralized administrative body
Institute of Administration and Appraisal of National Assets, has had the administration of the federal real estate
identified with the Federal Real Estate Registration number 30-26722-6 and under the use of the Religious
Association called "The National Council of the Assemblies of God, A.R.", with Registration number SGAR/ 164/93, with the location, surface, measurements and boundaries corresponding, described in the following table:
No. DSRDPF/AR RFI Denomination, location and surface Orientation Boundary Measurements Meters 07/2024 30-26722-6 "MONTE SINAÍ" located in Street without name, Fraction of lot 4, block 5, zone 1, Barrio Frijolillo, C.P. 92770, Municipality of Tuxpan, State of Veracruz de Ignacio de la Llave. Surface of 164.00 m 2 NORTHEAST REST OF THE FRACTION OF LOT 4 20.05 NORTHWEST MAIN STREET (WITHOUT NAME) 8.05 SOUTHEAST REST OF THE FRACTION OF LOT 4 7.05 SOUTHWEST LOT 5 20.05 6.- That, for the reasons above, said real estate is identified as Federal real estate and is controlled in the Federal and Para-State Real Estate Asset Inventory System, with the Federal Real Estate Registration indicated in the previous table.
7.- That in accordance with the above considerations, the real estate object of this Declaration is Federal real estate that fits the assumption provided in article 6, fraction V of the General Law of National Assets; therefore, on May 20, 2024, it was published in the Official Gazette of the Federation the notification by which the start of the administrative procedure aimed at issuing the present Declaration of Subject to the Federal Public Domain Regime in terms of article 29, fraction IV of the General Law of National Assets is made known.
8.- That on May 30, 2024, the legal term established to oppose the procedure cited in the previous consideration expired, so that no opposition manifestation was received; on behalf and in representation of the Ministry of Finance and Public Credit, a department of the Executive Federal in charge of declaring, when necessary, that a specific asset is subject to the regime of federal public domain, 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 real estate described in consideration 5 of this document, is subject to the federal public domain regime.
SECOND.- That for the reasons above, said real estate is inalienable, imprescriptible and unseizable, for which reason it is not subject to positive or negative prescription, nor is it the object of actions reivindicatory or possessory interdicts by third parties, by its nature they cannot be considered vacant assets for the purposes of articles 785 to 789 of the Federal Civil Code.
THIRD.- The Religious Association called "The National Council of the Assemblies of God, A.R.", with Registration number SGAR/164/93, user of the real estate described in consideration 5, according to article 83 of the General Law of National Assets, is obligated to safeguard, conserve, maintain, restore and to cooperate with the Ministry of Finance and Public Credit through its decentralized administrative body Institute of Administration and Appraisal of National Assets, in the integration of the information and documentation necessary to obtain the judicial resolution or the administrative declaration corresponding regarding the nationalized real estate, as well as present them to the Ministry itself, which determines the appropriate path for such effect.
FOURTH.- Even if the Religious Association user of the real estate ceases to occupy the real estate object of the present Declaration, and the same is made available to the Ministry of Finance and Public Credit through the Institute of Administration and Appraisal of National Assets and said Institute receives it for its administration, in terms of article 83 fraction V of the General Law of National Assets and 16 of the Law of Religious Associations and Public Worship, the real estate relative will continue to be subject to the federal public domain regime.
FIFTH.- Publish this Declaration in the Official Gazette of the Federation, so that it takes effect in terms of what is provided by 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 real estate object of it, both in the Federal Property Public Registry and in the Public Property Registry corresponding to the location of the real estate in question, in accordance with what is provided by articles 42 fraction V, and 48 of the General Law of National Assets, for purposes of publicity and opposability before 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 the 5th day of the month of July two thousand twenty-four. - General Director of Federal Real Estate Asset Administration, Gabriela Guerrero Aguilar.- Rubric.
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