Declaration of Subjection to the Federal Public Domain Regime Regarding the Land Fractions of the Indicated Federal Property Folio DSRDPF/118/2023 to DSRDPF/178/2023

DOF: 11/12/2023

DECLARATION of Subjection to the Federal Public Domain Regime, regarding the land fractions of the Federal Property that is 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/ 118/2023 to DSRDPF/178/2023.

DECLARATION OF SUBJECTION TO THE FEDERAL PUBLIC DOMAIN REGIME,

REGARDING THE LAND FRACTIONS OF THE FEDERAL PROPERTY THAT IS 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 Delegatory 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 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, 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, surveillance and use regarding 61 land fractions that are part of a federal property of greater 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 137+000 to km 198+080, in the Municipalities of Marquelia, Juchitán, Azoyú, Igualapa, Ometepec and Cuajinicuilapa, State of Guerrero, whose technical data are recorded in the plans prepared by the S.C.T. Guerrero Center of the Undersecretariat of Infrastructure of the Secretariat of Infrastructure, Communications and Transport, numbers: DV-1/61 to DV-61/61, for the use of public services under its charge, with the corresponding locations and surfaces, described in the following table:

SECTION: LAS VIGAS - STATE BORDER.

No. DSRDPF	SURFACE M²	LOCATION	MUNICIPALITY	PLAN
DSRDPF/118/2023	40,000.00	From km 137+000 to km 138+000	Marquelia	DV-01/61
DSRDPF/119/2023	39,999.93	From km 138+000 to km 139+000	Marquelia	DV-02/61
DSRDPF/120/2023	39,999.32	From km 139+000 to km 140+000	Marquelia	DV-03/61
DSRDPF/121/2023	39,999.94	From km 140+000 to km 141+000	Juchitán	DV-04/61
DSRDPF/122/2023	40,000.00	From km 141+000 to km 142+000	Juchitán	DV-05/61
DSRDPF/123/2023	40,000.00	From km 142+000 to km 143+000	Juchitán	DV-06/61
DSRDPF/124/2023	39,999.91	From km 143+000 to km 144+000	Juchitán	DV-07/61
DSRDPF/125/2023	39,997.39	From km 144+000 to km 145+000	Juchitán	DV-08/61
DSRDPF/126/2023	40,000.00	From km 145+000 to km 146+000	Juchitán	DV-09/61
DSRDPF/127/2023	40,000.00	From km 146+000 to km 147+000	Juchitán	DV-10/61
DSRDPF/128/2023	40,000.00	From km 147+000 to km 148+000	Juchitán	DV-11/61
DSRDPF/129/2023	40,000.00	From km 148+000 to km 149+000	Juchitán	DV-12/61
DSRDPF/130/2023	40,000.00	From km 149+000 to km 150+000	Juchitán	DV-13/61
DSRDPF/131/2023	40,000.34	From km 150+000 to km 151+000	Juchitán	DV-14/61
DSRDPF/132/2023	40,000.00	From km 151+000 to km 152+000	Juchitán	DV-15/61
DSRDPF/133/2023	40,000.00	From km 152+000 to km 153+000	Juchitán	DV-16/61
DSRDPF/134/2023	40,000.00	From km 153+000 to km 154+000	Juchitán	DV-17/61
DSRDPF/135/2023	40,000.00	From km 154+000 to km 155+000	Juchitán	DV-18/61
DSRDPF/136/2023	40,000.00	From km 155+000 to km 156+000	Juchitán	DV-19/61
DSRDPF/137/2023	40,000.00	From km 156+000 to km 157+000	Juchitán	DV-20/61
DSRDPF/138/2023	40,000.00	From km 157+000 to km 158+000	Juchitán	DV-21/61
DSRDPF/139/2023	40,000.00	From km 158+000 to km 159+000	Juchitán	DV-22/61
DSRDPF/140/2023	40,000.00	From km 159+000 to km 160+000	Juchitán	DV-23/61
DSRDPF/141/2023	40,000.00	From km 160+000 to km 161+000	Azoyú	DV-24/61
DSRDPF/142/2023	39,999.99	From km 161+000 to km 162+000	Azoyú	DV-25/61
DSRDPF/143/2023	39,999.98	From km 162+000 to km 163+000	Azoyú	DV-26/61
DSRDPF/144/2023	40,000.00	From km 163+000 to km 164+000	Azoyú	DV-27/61
DSRDPF/145/2023	40,000.00	From km 164+000 to km 165+000	Azoyú	DV-28/61
DSRDPF/146/2023	39,998.910	From km 165+000 to km 166+000	Azoyú	DV-29/61
DSRDPF/147/2023	39,981.03	From km 166+000 to km 167+000	Azoyú	DV-30/61
DSRDPF/148/2023	39,999.90	From km 167+000 to km 168+000	Azoyú	DV-31/61
DSRDPF/149/2023	39,999.58	From km 168+000 to km 169+000	Azoyú	DV-32/61
DSRDPF/150/2023	40,000.00	From km 169+000 to km 170+000	Azoyú	DV-33/61
DSRDPF/151/2023	39,999.72	From km 170+000 to km 171+000	Azoyú	DV-34/61
DSRDPF/152/2023	39,999.13	From km 171+000 to km 172+000	Azoyú	DV-35/61
DSRDPF/153/2023	40,000.00	From km 172+000 to km 173+000	Azoyú	DV-36/61
DSRDPF/154/2023	39,999.61	From km 173+000 to km 174+000	Igualapa	DV-37/61
DSRDPF/155/2023	39,999.99	From km 174+000 to km 175+000	Ometepec	DV-38/61
DSRDPF/156/2023	39,999.51	From km 175+000 to km 176+000	Ometepec	DV-39/61
DSRDPF/157/2023	39,999.98	From km 176+000 to km 177+000	Ometepec	DV-40/61
DSRDPF/158/2023	39,999.99	From km 177+000 to km 178+000	Ometepec	DV-41/61
DSRDPF/159/2023	39,995.98	From km 178+000 to km 179+000	Ometepec	DV-42/61
DSRDPF/160/2023	39,999.99	From km 179+000 to km 180+000	Ometepec	DV-43/61
DSRDPF/161/2023	39,999.99	From km 180+000 to km 181+000	Ometepec	DV-44/61
DSRDPF/162/2023	39,999.99	From km 181+000 to km 182+000	Ometepec	DV-45/61
DSRDPF/163/2023	39,999.99	From km 182+000 to km 183+000	Ometepec	DV-46/61
DSRDPF/164/2023	39,999.92	From km 183+000 to km 184+000	Ometepec	DV-47/61
DSRDPF/165/2023	39,999.83	From km 184+000 to km 185+000	Cuajinicuilapa	DV-48/61
DSRDPF/166/2023	39,999.99	From km 185+000 to km 186+000	Cuajinicuilapa	DV-49/61
DSRDPF/167/2023	39,999.97	From km 186+000 to km 187+000	Cuajinicuilapa	DV-50/61
DSRDPF/168/2023	39,999.906	From km 187+000 to km 188+000	Cuajinicuilapa	DV-51/61
DSRDPF/169/2023	40,000.00	From km 188+000 to km 189+000	Cuajinicuilapa	DV-52/61
DSRDPF/170/2023	39,999.979	From km 189+000 to km 190+000	Cuajinicuilapa	DV-53/61
DSRDPF/171/2023	39,999.566	From km 190+000 to km 191+000	Cuajinicuilapa	DV-54/61
DSRDPF/172/2023	39,999.969	From km 191+000 to km 192+000	Cuajinicuilapa	DV-55/61
DSRDPF/173/2023	39,999.967	From km 192+000 to km 193+000	Cuajinicuilapa	DV-56/61
DSRDPF/174/2023	40,000.126	From km 193+000 to km 194+000	Cuajinicuilapa	DV-57/61
DSRDPF/175/2023	40,000.008	From km 194+000 to km 195+000	Cuajinicuilapa	DV-58/61
DSRDPF/176/2023	39,999.999	From km 195+000 to km 196+000	Cuajinicuilapa	DV-59/61
DSRDPF/177/2023	40,000.00	From km 196+000 to km 197+000	Cuajinicuilapa	DV-60/61
DSRDPF/178/2023	43,747.887	From km 197+000 to km 198+080	Cuajinicuilapa	DV-61/61
TOTAL	2,443,717.207

5.- That, by reason of the above, said 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 object of this Declaration are Federal Properties that adjust to the assumption provided in article 6, section VI of the General Law of National Assets; so that on November 15, 2023, the notification was published in the Official Gazette of the Federation, through which the start 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 25, 2023, the legal term granted to interested parties to state what suited their right expired, regarding the procedure cited in the previous consideration, so as no statement 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 61 land fractions that form part of a federal property of greater surface area, described in Consideration 4 of this instrument, are subject to the federal public domain regime.

SECOND.- That by reason of the above, said land fractions that form part of a federal property of greater surface area, are inalienable, imprescriptible and unattachable, 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 greater 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 obliged, through its Real Estate Responsible, to compliance with articles 28, section I and 32 of the cited law.

FOURTH. - Even when the Secretariat of Infrastructure, Communications and Transport, ceases to occupy the land fractions that form part of a federal property of greater 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 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 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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