2024-04-03 | DOF 5722152

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Declaration of Subjecting to the Federal Public Domain Regime Regarding Land Fractions of the Federal Real Estate Identified (RFI: 22-3743-7)

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

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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