2023-12-11 | DOF 5710972Added · Updated
This declaration subjects 47 land fractions totaling 1,900,447.609 square meters along Federal Highway MEX-200 in Guerrero (km 88+000 to 135+600) to the Federal Public Domain Regime. The Secretariat of Infrastructure, Communications and Transport retains administration while using the land, which is declared inalienable, imprescriptible, and unseizable. The declaration enters into force the day after publication in the Official Gazette of the Federation and must be registered in the Public Registry of Federal Property and local property registries.
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DOF: 11/12/2023
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 Shield, which says: United Mexican States.- FINANCE.- Secretariat of Finance and Public Credit.- Institute of Administration and Appraisal of National Assets.- Folio: DSRDPF/ 026/2023 to DSRDPF/072/2023.
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 Appraisal 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 paragraphs first and second, 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 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 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 comprised within the limits of the national territory, corresponds originally 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 Property", 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 properties that are destined de facto or through a legal ordinance to a 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 Transport, has had possession, custody, vigilance and use regarding 47 land fractions that are part of a federal property of larger surface area, with linear length extension of 207.80 kilometers, with Federal Real Estate Registry 12- 19604-6 , located on Federal Highway MEX-200 Las Cruces - Pinotepa Nacional , from km 88+000 to km 135+600, in the Municipalities of Florencio Villarreal, Cuautepec and Copala, State of Guerrero, whose technical data are recorded in the plans prepared by the S.I.C.T. Guerrero Center of the Undersecretariat of Infrastructure, of the Secretariat of Infrastructure, Communications and Transport, numbers DV-01/47 to DV-47/47, for the utilization of public services under their charge, with the corresponding locations and surfaces, described in the following table:
SECTION: LAS VIGAS - STATE BORDER
| DSRDPF No. | SURFACE M² | LOCATION | MUNICIPALITY | PLAN |
|---|---|---|---|---|
| DSRDPF/026/2023 | 40,000.00 | From km 88+000 to km 89+000 | Florencio Villarreal | DV-01/47 |
| DSRDPF/027/2023 | 40,000.01 | From km 89+000 to km 90+000 | Florencio Villarreal | DV-02/47 |
| DSRDPF/028/2023 | 40,000.00 | From km 90+000 to km 91+000 | Florencio Villarreal | DV-03/47 |
| DSRDPF/029/2023 | 39,999.29 | From km 91+000 to km 92+000 | Florencio Villarreal | DV-04/47 |
| DSRDPF/030/2023 | 39,999.98 | From km 92+000 to km 93+000 | Florencio Villarreal | DV-05/47 |
| DSRDPF/031/2023 | 40,000.00 | From km 93+000 to km 94+000 | Florencio Villarreal | DV-06/47 |
| DSRDPF/032/2023 | 40,000.00 | From km 94+000 to km 95+000 | Florencio Villarreal | DV-07/47 |
| DSRDPF/033/2023 | 40,000.92 | From km 95+000 to km 96+000 | Florencio Villarreal | DV-08/47 |
| DSRDPF/034/2023 | 40,000.16 | From km 96+000 to km 97+000 | Florencio Villarreal | DV-09/47 |
| DSRDPF/035/2023 | 39,999.81 | From km 97+000 to km 98+000 | Florencio Villarreal | DV-10/47 |
| DSRDPF/036/2023 | 40,000.00 | From km 98+000 to km 99+000 | Florencio Villarreal | DV-11/47 |
| DSRDPF/037/2023 | 40,000.00 | From km 99+000 to km 100+000 | Cuautepec | DV-12/47 |
| DSRDPF/038/2023 | 40,000.00 | From km 100+000 to km 101+000 | Cuautepec | DV-13/47 |
| DSRDPF/039/2023 | 40,000.00 | From km 101+000 to km 102+000 | Cuautepec | DV-14/47 |
| DSRDPF/040/2023 | 40,000.00 | From km 102+000 to km 103+000 | Cuautepec | DV-15/47 |
| DSRDPF/041/2023 | 39,991.40 | From km 103+000 to km 104+000 | Cuautepec | DV-16/47 |
| DSRDPF/042/2023 | 40,000.00 | From km 104+000 to km 105+000 | Cuautepec | DV-17/47 |
| DSRDPF/043/2023 | 40,000.00 | From km 105+000 to km 106+000 | Cuautepec | DV-18/47 |
| DSRDPF/044/2023 | 39,999.87 | From km 106+000 to km 107+000 | Cuautepec | DV-19/47 |
| DSRDPF/045/2023 | 40,000.00 | From km 107+000 to km 108+000 | Copala | DV-20/47 |
| DSRDPF/046/2023 | 39,999.98 | From km 108+000 to km 109+000 | Copala | DV-21/47 |
| DSRDPF/047/2023 | 40,000.00 | From km 109+000 to km 110+000 | Copala | DV-22/47 |
| DSRDPF/048/2023 | 40,000.00 | From km 110+000 to km 111+000 | Copala | DV-23/47 |
| DSRDPF/049/2023 | 39,999.99 | From km 111+000 to km 112+000 | Copala | DV-24/47 |
| DSRDPF/050/2023 | 40,000.00 | From km 112+000 to km 113+000 | Copala | DV-25/47 |
| DSRDPF/051/2023 | 40,000.00 | From km 113+000 to km 114+000 | Copala | DV-26/47 |
| DSRDPF/052/2023 | 40,000.01 | From km 114+000 to km 115+000 | Copala | DV-27/47 |
| DSRDPF/053/2023 | 39,999.99 | From km 115+000 to km 116+000 | Copala | DV-28/47 |
| DSRDPF/054/2023 | 24,314.82 | From km 116+000 to km 117+000 | Copala | DV-29/47 |
| DSRDPF/055/2023 | 52,139.239 | From km 117+000 to km 118+000 | Copala | DV-30/47 |
| DSRDPF/056/2023 | 40,000.00 | From km 118+000 to km 119+000 | Copala | DV-31/47 |
| DSRDPF/057/2023 | 40,000.00 | From km 119+000 to km 120+000 | Copala | DV-32/47 |
| DSRDPF/058/2023 | 40,000.00 | From km 120+000 to km 121+000 | Copala | DV-33/47 |
| DSRDPF/059/2023 | 40,000.00 | From km 121+000 to km 122+000 | Copala | DV-34/47 |
| DSRDPF/060/2023 | 40,000.00 | From km 122+000 to km 123+000 | Copala | DV-35/47 |
| DSRDPF/061/2023 | 39,999.99 | From km 123+000 to km 124+000 | Copala | DV-36/47 |
| DSRDPF/062/2023 | 40,000.00 | From km 124+000 to km 125+000 | Copala | DV-37/47 |
| DSRDPF/063/2023 | 40,000.00 | From km 125+000 to km 126+000 | Copala | DV-38/47 |
| DSRDPF/064/2023 | 40,000.00 | From km 126+000 to km 127+000 | Copala | DV-39/47 |
| DSRDPF/065/2023 | 40,000.00 | From km 127+000 to km 128+000 | Copala | DV-40/47 |
| DSRDPF/066/2023 | 40,002.09 | From km 128+000 to km 129+000 | Copala | DV-41/47 |
| DSRDPF/067/2023 | 40,000.46 | From km 129+000 to km 130+000 | Copala | DV-42/47 |
| DSRDPF/068/2023 | 40,000.00 | From km 130+000 to km 131+000 | Copala | DV-43/47 |
| DSRDPF/069/2023 | 40,000.00 | From km 131+000 to km 132+000 | Copala | DV-44/47 |
| DSRDPF/070/2023 | 40,000.00 | From km 132+000 to km 133+000 | Copala | DV-45/47 |
| DSRDPF/071/2023 | 40,000.00 | From km 133+000 to km 134+000 | Copala | DV-46/47 |
| DSRDPF/072/2023 | 63,999.60 | From km 134+000 to km 135+600 | Copala | DV-47/47 |
| TOTAL | 1,900,447.609 |
5.- That, by virtue of the above, said land fractions are identified as federal properties and are controlled in the Inventory System of Federal and Parastate Real Estate Assets, with the Federal Real Estate Registry indicated in the previous Consideration.
6.- That, according to the previous considerations, the land fractions subject of this Declaration are Federal Properties that fit the assumption provided in article 6, section VI of the General Law of National Assets; therefore on November 14, 2023, the notification was published in the Official Gazette of the Federation, through which the initiation of the administrative procedure aimed at issuing this Declaration of Subjection to the Federal Public Domain Regime is made known in terms of article 29, sections I and IV of the General Law of National Assets.
7.- That, on November 24, 2023, the legal term disposed to interested parties expired, to state what suited their right, regarding the procedure cited in the previous consideration, so as no manifestation or opposition whatsoever was received; 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 of declaring, 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 47 land fractions that form part of a federal property of larger surface area, described in Consideration 4 of this instrument, are subject to the federal public domain regime.
SECOND.- That by virtue of the above, said land fractions that form part of a federal property of larger surface area, are inalienable, imprescriptible and unseizable, reason for which they are not subject to positive or negative prescription, nor are they object of reivindicatory actions or possessory interdicts by third parties, by their nature they cannot be considered vacant assets for the effects of articles 785 to 789 of the Federal Civil Code.
THIRD.- In this way, while said land fractions that form part of a federal property of larger surface area, continue in use and control by the Secretariat of Infrastructure, Communications and Transport, said dependency will have the character of administrator regarding these, 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 Transport, stops occupying the land fractions that form part of a federal property of larger surface area, object of this Declaration and the same are made available to the Secretariat of Finance and Public Credit through the Institute of Administration and Appraisal of National Assets and said Institute receives them for its administration, as well as in case that these cease to be destined to the purposes of article 59 of the General Law of National Assets, the relative fractions 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 disposed by article 101 section III of the General Law of National Assets.
SIXTH.- Inscribe this Declaration as an act of legal certainty that accredits the federal real estate nature regarding the land fractions 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 fractions in question, in conformity 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 O R Y
SINGLE.- This Declaration will enter into force on the day following its publication in the Official Gazette of the Federation.
Mexico City, on the 28th day of November 2023.- General Director of Administration of Federal Real Estate Assets, Gabriela Guerrero Aguilar .- Signature.
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