2024-04-03 | DOF 5722152Added · Updated
The document declares that 30 land fractions comprising a total area of 2,207,779.58 square meters along the Querétaro-San Luis Potosí Federal Highway are subject to the Federal Public Domain Regime. These fractions are declared inalienable, imprescriptible, and unseizable, and the Ministry of Infrastructure, Communications and Transportations is designated as their administrator while they remain in use for public services. The declaration mandates publication in the Official Gazette and registration in the Federal and local Property Registries to establish legal certainty and opposability against third parties.
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DOF: 03/04/2024
DECLARATION of Subjecting to the Regime of Federal Public Domain, regarding the land fractions of the Federal Real Estate indicated (RFI: 22-3743-7).
At the margin, a seal with the National Coat of Arms, which reads: United Mexican States.- TREASURY.- Ministry of
Treasury and Public Credit.- Institute of Administration and Appraisal of National Assets.- Folio: DSRDPF/ 016/2024 to DSRDPF/045/2024.
DECLARATION OF SUBJECTING TO THE REGIME OF FEDERAL PUBLIC DOMAIN,
REGARDING THE LAND FRACTIONS OF THE FEDERAL REAL ESTATE INDICATED.
Gabriela Guerrero Aguilar, General Director of Administration of the Federal Real Estate Assets
of the
Institute of Administration and Appraisal of National Assets, Decentralized Administrative Body of
the
Ministry of Treasury and Public Credit, based on what is provided in Article 27 of the
Political Constitution of the United Mexican States; articles 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,
first and second paragraphs, 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 Article 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
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.
2.- That, Article 2, fraction VII of the General Law of National Assets defines as "Federal Real Estate",
the land with or without constructions of the Federation, as well as those in which it exercises possession, control or
administration as owner.
3.- That, for its part, Article 6, fraction VI of the General Law of National Assets provides that they are
subject to the regime of federal public domain the federal real estate that are destined in
fact or through a legal order to a public service and the real estate equated to these
according to said Law.
4.- That, the Ministry of Infrastructure, Communications and Transportations, has had possession, custody,
surveillance and use, regarding 30 land fractions of a Federal Real Estate of larger area,
with a linear length extension of 36.70 kilometers, with the Federal Real Estate Registry 22-3743-7, located in
the Querétaro - San Luis Potosí Federal Highway, in the Municipality of Querétaro, State of Querétaro,
whose technical data are recorded in the plans prepared by the Center S.I.C.T. Querétaro of
the Undersecretariat of Infrastructure of the Ministry of Infrastructure, Communications and Transportations,
numbers: DV-1/30 to DV-30/30, for the use of public services under its charge, with the locations and
surfaces corresponding, described in the following table:
SECTION: QUERÉTARO - STATE BORDER.
SUBSECTION: FROM KM 0+000 TO KM 36+800.
NO.
DSRDPF
SURFACE
M²
LOCATION
MUNICIPALITY
PLAN
016/2024
96,000.00
Km 0+000 to Km 1+600
Querétaro
DV-1/30
017/2024
78,000.00
Km 1+600 to Km 2+900
Querétaro
DV-2/30
018/2024
72,000.00
Km 2+900 to Km 4+100
Querétaro
DV-3/30
019/2024
72,000.00
Km 4+100 to Km 5+300
Querétaro
DV-4/30
020/2024
72,000.00
Km 5+300 to Km 6+500
Querétaro
DV-5/30
021/2024
78,000.00
Km 6+500 to Km 7+800
Querétaro
DV-6/30
022/2024
72,000.00
Km 7+800 to Km 9+000
Querétaro
DV-7/30
023/2024
66,000.00
Km 9+000 to Km 10+100
Querétaro
DV-8/30
024/2024
72,000.00
Km 10+100 to Km 11+300
Querétaro
DV-9/30
025/2024
66,000.00
Km 11+300 to Km 12+400
Querétaro
DV-10/30
026/2024
66,000.00
Km 12+400 to Km 13+500
Querétaro
DV-11/30
027/2024
72,000.00
Km 13+500 to Km 14+700
Querétaro
DV-12/30
028/2024
72,000.00
Km 14+700 to Km 15+900
Querétaro
DV-13/30
029/2024
66,000.00
Km 15+900 to Km 17+000
Querétaro
DV-14/30
030/2024
72,000.00
Km 17+000 to Km 18+200
Querétaro
DV-15/30
031/2024
72,000.00
Km 18+200 to Km 19+400
Querétaro
DV-16/30
032/2024
72,000.00
Km 19+400 to Km 20+600
Querétaro
DV-17/30
033/2024
72,000.00
Km 20+600 to Km 21+800
Querétaro
DV-18/30
034/2024
78,000.00
Km 21+800 to Km 23+100
Querétaro
DV-19/30
035/2024
71,928.66
Km 23+100 to Km 24+300
Querétaro
DV-20/30
036/2024
71,851.20
Km 24+300 to Km 25+500
Querétaro
DV-21/30
037/2024
72,013.08
Km 25+500 to Km 26+700
Querétaro
DV-22/30
038/2024
72,000.00
Km 26+700 to Km 27+900
Querétaro
DV-23/30
039/2024
72,000.00
Km 27+900 to Km 29+100
Querétaro
DV-24/30
040/2024
78,000.30
Km 29+100 to Km 30+400
Querétaro
DV-25/30
041/2024
78,000.00
Km 30+400 to Km 31+700
Querétaro
DV-26/30
042/2024
78,000.00
Km 31+700 to Km 33+000
Querétaro
DV-27/30
043/2024
78,000.00
Km 33+000 to Km 34+300
Querétaro
DV-28/30
044/2024
78,022.57
Km 34+300 to Km 35+600
Querétaro
DV-29/30
045/2024
71,963.77
Km 35+600 to Km 36+800
Querétaro
DV-30/30
TOTAL
2,207,779.58
5.- That, for the reasons above, said land fractions are identified as federal real estate and are
controlled in the Federal and Parastatal Real Estate Assets Inventory System, with the Federal Real Estate Registry indicated in the previous Consideration.
6.- That, in accordance with the above considerations, the land fractions subject to this
Declaration are Federal Real Estate that fit the provision in Article 6, fraction VI of the
General Law of National Assets; therefore, on March 13, 2024, it was published in the Official Gazette
of the Federation, the notification by which the start of the administrative procedure
tending to issue this Declaration of Subjecting to the Regime of Federal Public Domain is made known
in terms of Article 29, fractions I and IV of the General Law of National Assets.
7.- That, on March 23, 2024, the legal term granted to interested parties expired 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
directing the real estate policy of the Federal Public Administration; as well as to declare, 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 30 land fractions that form part of a Federal Real Estate of larger
area, described in Consideration 4 of this instrument, are subject to the regime of
federal public domain.
SECOND.- That for the reasons above, said land fractions that form part of a Federal
Real Estate of larger area, 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 said land fractions that form part of a Federal
Real Estate of larger area, continue in use and control by the Ministry of Infrastructure,
Communications and Transportations, said department will have the character of administrator with respect to them, for the purposes of what is provided in 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 Transportations, ceases to occupy
the 30 land fractions that form part of a Federal Real Estate of larger area, subject to the
present Declaration and they are placed at the disposal of 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 regime of public domain
of the Federation.
FIFTH.- Publish this Declaration in the Official Gazette of the Federation, so that it takes effect 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 accredits the nature
of Federal Real Estate with respect to the 30 land fractions subject to it, both in the Federal Property Registry
and 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 March 26, 2024.- General Director of Administration of the Federal Real Estate Assets, Gabriela Guerrero Aguilar.- Signature.
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