Declaration of Subjection to the Federal Public Domain Regime for Specified Federal Land Fractions

Official Gazette of the Federation: 03/13/2024

DECLARATION of Subjection to the Federal Public Domain Regime, regarding the land fractions of the Federal property indicated.

On the margin a seal with the National Coat of Arms, which reads: United Mexican States.- TREASURY.- Secretariat of Finance and Public Credit.- Institute of Administration and Appraisals of National Assets.- Folio: DSRDPF/ 005/2024 to DSRDPF/015/2024.

DECLARATION OF SUBJECTION TO THE FEDERAL PUBLIC DOMAIN REGIME, REGARDING THE LAND FRACTIONS OF THE FEDERAL PROPERTY INDICATED.

Gabriela Guerrero Aguilar, General Director of Administration of Federal Real Estate Assets of the Institute of Administration and Appraisals of National Assets, a Deconcentrated Administrative Body of the Secretariat of Finance and Public Credit, based on the provisions of Article 27 of the Political Constitution of the United Mexican States; articles 2 section I, 17, 26, 31 sections XXIX and XXX, of the Organic Law of the Federal Public Administration; 2, sections II, IV, VI and VII, 3 section III, 4 first and second paragraphs, 6 section VI, 10, 13, 28, sections I, III and VII, 29, sections I and IV and 32, sections III and IV, 42, section V, 43, 48 and 101 section III of the General Law of National Assets; 2, 3 section 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, section V, 48 and 49 of the Internal Regulations of the Secretariat of Finance and Public Credit; 1, 3, section X, 4 section I, subsection e), 5, 6 section XXXIII; 7 sections XIV and XXIII and 11 sections I and V of the Regulations of the Institute of Administration and Appraisals of National Assets; and Article First of the Delegatory Agreement, issued by the President of the Institute of Administration and Appraisals 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

1.- That, Article 27 of the Political Constitution of the United Mexican States, provides that the ownership of lands and waters comprised within the limits of the national territory originally belongs to the Nation, which has had and has the right to transmit their domain to individuals, constituting private property, the Nation having at all times the right to impose on private property the modalities dictated by public interest.

2.- That, Article 2, section VII of the General Law of National Assets defines "Federal Property" as land with or without constructions of the Federation, as well as those over which it exercises possession, control, or administration as owner.

3.- That, for its part, Article 6 section VI of the General Law of National Assets provides that federal properties that are de facto or by legal order destined for public service, and properties equated to these according to said Law, are subject to the federal public domain regime.

4.- That, the Secretariat of Infrastructure, Communications and Transportation, has had possession, custody, surveillance, and use, regarding 11 land fractions of a larger Federal property, with a linear length of 217.20 kilometers, with Federal Real Estate Registry 13-13261-5, located on Federal Highway Pachuca - Tempoal MEX-105, Section Pachuca - Huejutla, Sub-section Acalome el Banco, from kilometer 60+207.60 to kilometer 84+860.67, in the municipalities of Metztitlán and San Agustín Metzquititlán, whose technical data are recorded in the topographic plans prepared by the General Residency of Federal Highways Right-of-Way Office, of the Secretariat of Infrastructure, Communications and Transportation, with numbers PT-105-CCZ:1/11 to PT-105-CCZ:11/11, for the utilization of public services under its charge, with the corresponding locations and surfaces, described in the following table:

SECTION: PACHUCA - HUEJUTLA, SUB-SECTION ACALOME EL BANCO

DSRDPF NO.	SURFACE AREA M²	LOCATION	MUNICIPALITY	PLAN
005/2024	142,435.535	From Kilometer 60+207.60 to Kilometer 63+818.28 both sides	Metztitlán	PT-105-CCZ:1/11
006/2024	968.790	From Kilometer 63+303.12 to Kilometer 63+468.54 right side	San Agustín Metzquititlán	PT-105-CCZ:2/11
007/2024	88,747.670	From Kilometer 63+818.28 to Kilometer 66+000.00 both sides	San Agustín Metzquititlán	PT-105-CCZ:3/11
008/2024	79,477.058	From Kilometer 66+000.00 to Kilometer 68+000.00 both sides	San Agustín Metzquititlán	PT-105-CCZ:4/11
009/2024	80,170.532	From Kilometer 68+000.00 to Kilometer 70+000.00 both sides	San Agustín Metzquititlán	PT-105-CCZ:5/11
010/2024	119,869.490	From Kilometer 70+000.00 to Kilometer 73+000.00 both sides	San Agustín Metzquititlán	PT-105-CCZ:6/11
011/2024	80,023.824	From Kilometer 73+000.00 to Kilometer 75+000.00 both sides	San Agustín Metzquititlán	PT-105-CCZ:7/11
012/2024	119,347.881	From Kilometer 75+000.00 to Kilometer 78+000.00 both sides	San Agustín Metzquititlán	PT-105-CCZ:8/11
013/2024	119,755.029	From Kilometer 78+000.00 to Kilometer 81+000.00 both sides	San Agustín Metzquititlán	PT-105-CCZ:9/11
014/2024	79,900.229	From Kilometer 81+000.00 to Kilometer 83+000.00 both sides	San Agustín Metzquititlán	PT-105-CCZ:10/11
015/2024	74,441.543	From Kilometer 83+000.00 to Kilometer 84+860.67 both sides	San Agustín Metzquititlán	PT-105-CCZ:11/11
TOTAL	985,137.581 m²

5.- That, in view of the foregoing, said fractions are identified as federal properties and are controlled in the Federal and Parastatal Real Estate Asset Inventory System, with the Federal Real Estate Registry indicated in the previous Considering.

6.- That, in accordance with the foregoing considerations, the land fractions subject to this Declaration are Federal properties that conform to the assumption provided in Article 6, section VI of the General Law of National Assets; therefore, on February 12, 2024, the notification announcing the initiation of the administrative procedure aimed at issuing this Declaration of Subjection to the Federal Public Domain Regime was published in the Official Gazette of the Federation, in terms of Article 29, sections I and IV of the General Law of National Assets.

7.- That, on February 22, 2024, the legal term for interested parties to express what was convenient to their right, regarding the procedure cited in the previous considering, expired, and no manifestation or opposition was received; therefore, on behalf and in representation of the Secretariat of Finance and Public Credit, a dependency of the Federal Executive responsible for determining and conducting the real estate policy of the Federal Public Administration; as well as for declaring, when precise, that a determined asset is subject to the federal public domain regime, by being comprised in some of the provisions of the General Law of National Assets; I have seen fit to issue the following:

D E C L A R A T I O N

FIRST.- That the 11 land fractions that are part of a larger Federal property, described in Considering 4 of this instrument, are subject to the federal public domain regime.

SECOND.- That in view of the foregoing, said land fractions that are part of a larger Federal property are inalienable, imprescriptible, and unseizable, for which reason they are not subject to positive or negative prescription, nor are they subject to possessory actions or interdicts by third parties; due to their nature, they cannot be considered vacant goods for the purposes of articles 785 to 789 of the Federal Civil Code.

THIRD.- In this way, as long as said land fractions that are part of a larger Federal property continue in use and control by the Secretariat of Infrastructure, Communications and Transportation, said dependency will act as administrator thereof, for the purposes of what is provided in articles 2, section II and 6, section VI of the General Law of National Assets, being obligated, through its Real Estate Manager, to comply with articles 28, section I and 32 of the aforementioned law.

FOURTH.- Even if the Secretariat of Infrastructure, Communications and Transportation ceases to occupy the 11 land fractions that are part of a larger Federal property, subject to this Declaration, and these are made available to the Secretariat of Finance and Public Credit through the Institute of Administration and Appraisals of National Assets and said Institute receives them for its administration, as well as in the event that they cease to be destined for the purposes of Article 59 of the General Law of National Assets, the relative fractions 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 the provisions of Article 101 section III of the General Law of National Assets.

SIXTH.- Register this Declaration as an act of legal certainty that accredits the Federal real estate nature of the 11 land fractions subject to it, both in the Federal Public Property Registry and in the Public Property Registry corresponding to the location of the fractions in question, in accordance with the provisions of articles 42 section V, and 48 of the General Law of National Assets, for purposes of publicity and enforceability against third parties.

T R A N S I T O R Y

SOLE.- This Declaration will enter into force the day after its publication in the Official Gazette of the Federation.

Mexico City, on March 05, 2024.- General Director of Administration of Federal Real Estate Assets, Gabriela Guerrero Aguilar.- Signature.