Declaration of Subjection to the Federal Public Domain Regime Regarding the Fraction of Land of the Indicated Federal Property — SHCP — MX

Official Gazette of the Federation: November 16, 2023

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

On the margin a seal with the National Shield, which says: United Mexican States.- FINANCE.- Secretariat of Finance and Public Credit.- Institute of Administration and Appraisals of National Assets.- Folio: DSRDPF/ 001/2023.

DECLARATION OF SUBJECTION TO THE FEDERAL PUBLIC DOMAIN REGIME,

REGARDING THE FRACTION OF LAND 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, Decentralized 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 Law of Administrative Procedure; 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 First Article 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 A T I O N S

1.- That, article 27 of the Political Constitution of the United Mexican States, provides that the ownership of lands and waters within the limits of the national territory, originally corresponds to the Nation, which has had and has the right to transmit ownership of them 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 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 section VI of the General Law of National Assets provides that federal real estate that are de facto destined or through a legal ordinance to a public service and real estate 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 a fraction of land that is part of a federal real estate of larger surface area, with linear length extension of 187.39 kilometers, with Federal Real Estate Registry 24-9879- 0 , located on the San Luis Potosí- Matehuala Highway MEX. 57 , in the Municipality of Soledad de Graciano Sánchez, State of San Luis Potosí, whose technical data are recorded in the plan prepared by the Secretariat of Infrastructure, Communications and Transportation, number A-1.1, for the use of public services under its charge, with the corresponding location and surface area, described in the following table:

SECTION: SAN LUIS POTOSÍ- "T" EL HUIZACHE- KM 26+120.00 TO 29+400.00

No. DSRDPF	PLAN	SURFACE M²	LOCATION	MUNICIPALITY
DSRDPF/001/2023	A-1.1	443,342.514	Km. 26+120.00 to Km. 29+400.00	Soledad de Graciano Sánchez

5.- That, by reason of the above, said fraction of land that forms part is identified as federal real estate and is controlled in the Inventory System of Federal and Parastatal Real Estate Assets, with the Federal Real Estate Registry indicated in the previous Consideration.

6.- That, according to the previous considerations, the fraction of land object of this Declaration is a Federal Real Estate that adjusts to the assumption provided in article 6, section VI of the General Law of National Assets; therefore, on October 20, 2023, the notification was published in the Official Gazette of the Federation whereby the start of the administrative procedure tending to issue this Declaration of Subjection to the Federal Public Domain Regime is made known in terms of article 29, section I and IV of the General Law of National Assets.

7.- That, on October 30, 2023, the legal term disposed to interested parties expired, to manifest what was convenient to their right, regarding the procedure cited in the previous consideration, so that upon not having received any manifestation or opposition whatsoever; in the name and on behalf of the Secretariat of Finance and Public Credit, dependency of the Federal Executive in charge of determining and conducting the real estate policy of the Federal Public Administration; as well as to declare, when precise, that a determined asset is subject to the federal public domain regime, for 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 fraction of land that forms part of a federal real estate of larger surface area, described in Consideration 4 of this instrument, is subject to the federal public domain regime.

SECOND.- That by reason of the above, said fraction of land that forms part of a federal real estate of larger surface area, is inalienable, imprescriptible and unattachable, reason for which it is not subject to positive or negative prescription, nor is it object of reivindicatory actions or possessory interdicts by third parties, by its nature it cannot be considered vacant property for the effects of articles 785 to 789 of the Federal Civil Code.

THIRD.- In this way, while said fraction of land that forms part of a federal real estate of larger surface area, continues in use and control by the Secretariat of Infrastructure, Communications and Transportation, said dependency will have the character of administrator regarding this, for the effect 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 Responsible, to compliance with articles 28, section I and 32 of the cited law.

FOURTH.- Even though the Secretariat of Infrastructure, Communications and Transportation, ceases to occupy the fraction of land that forms part of a federal real estate of larger surface area, object of this Declaration and the same is made available to the Secretariat of Finance and Public Credit through the Institute of Administration and Appraisals of National Assets and said Institute receives it for its administration, as well as in case that this ceases to be destined to the purposes of article 59 of the General Law of National Assets, the relative fraction 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 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 regarding the fraction of land object of the same, both in the Public Registry of Federal Property and in the Public Registry of Property corresponding to the place of location of the fraction in question, in accordance with what is provided by articles 42 section V, and 48 of the General Law of National Assets, for effects of publicity and opposability before third parties.

T R A N S I T I O N A L

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

Mexico City, on the 01st day of November 2023.- General Director of Administration of Federal Real Estate Assets, Gabriela Guerrero Aguilar .- Signature.

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