2024-07-17 | DOF 5733832

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Declaration of Subject to the Federal Public Domain Regime Regarding the Federal Real Estate Identified

The document declares that the federal real estate identified as "Estrella de Belén" in Tuxpan, Veracruz, is subject to the federal public domain regime, rendering it inalienable, imprescriptible, and unseizable. It imposes obligations on the religious association "El Concilio Nacional de las Asambleas de Dios, A.R." to safeguard, conserve, and maintain the property while collaborating with the Ministry of Finance and Public Credit to obtain corresponding judicial or administrative resolutions. The declaration takes effect the day after its publication in the Official Gazette of the Federation and is registered in the Federal Public Property Registry to ensure opposability against third parties.

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DOF: 17/07/2024

DECLARATION of Subject to the Federal Public Domain Regime, regarding the Federal real estate indicated.

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/ 06/2024.

DECLARATION OF SUBJECT TO THE FEDERAL PUBLIC DOMAIN REGIME, REGARDING THE FEDERAL REAL ESTATE INDICATED. (R.F.I. 30-26724-4).

Gabriela Guerrero Aguilar, General Director of Administration of Federal Real Estate Assets of the Institute of Administration and Appraisal of National Assets, Decentralized Administrative Body of the Ministry of Finance and Public Credit, based on the provisions of 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 section 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 destined to their object. The temples that in the future are erected for public worship, will be property of the Nation " ; in this sense article Seventeenth Transitory of the Political Constitution of the United Mexican States in force, establishes that these properties of 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, indicates which are the properties of 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 dispose 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 Mexican States refers, 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 number of Federal Real Estate Registry 30-26724-4 and under the use of the Religious Association called " El Concilio Nacional de las Asambleas de Dios, A. R. " , with Registry number SGAR/ 164/93, with the location, surface, measures and boundaries corresponding, described in the following table:

No. DSRDPF/AR RFI Denomination, location and surface Orientation Boundary Measures Meters 06/2024 30-26724-4 " ESTRELLA DE BELÉN " located at Ricardo Flores Magón Street (formerly walkway) lot 3, block 4, without number, Neighborhood Lázaro Cárdenas, Postal Code 92830, Municipality of Tuxpan, State of Veracruz de Ignacio de la Llave. Surface of 200.00 m 2 NORTHEAST WITH LOT 4 20.00 NORTHWEST WITH RICARDO FLORES MAGÓN STREET 10.00 SOUTHEAST WITH LOT 30 10.00 SOUTHWEST WITH LOT 2 20.00

6.- That, for the above reason, said real estate is identified as Federal real estate and is controlled in the System of Inventory of Federal and Para-statal Real Estate Assets, with the Federal Real Estate Registry 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 for in article 6, fraction V of the General Law of National Assets; therefore, on May 17, 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 27, 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 above reason, 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 cannot be considered vacant assets for the effects of articles 785 to 789 of the Federal Civil Code.

THIRD.- The Religious Association called " El Concilio Nacional de las Asambleas de Dios, A. R. " , with Registry 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 collaborate 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 this Declaration, and it 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 relative real estate will continue 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 Public Property Registry as well as 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

UNIQUE.- 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 Administration of Federal Real Estate Assets, Gabriela Guerrero Aguilar.- Rubric.

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