Declaration of Subjection to the Public Domain Regime of the Federation Regarding the Land Fractions of the Indicated Federal Property

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Official Gazette of the Federation (DOF): December 7, 2023

DECLARATION of Subjection to the Public Domain Regime of the Federation, regarding the land fractions of the federal property that is indicated

In the margin a seal with the National Shield, stating: United Mexican States.- FINANCE.- Secretariat of Finance and Public Credit.- Institute of Administration and Appraisal of National Assets.- Folio: DSRDPF/ 002/2023 to DSRDPF/025/2023.

DECLARATION OF SUBJECTION TO THE PUBLIC DOMAIN REGIME OF THE FEDERATION, REGARDING THE

LAND FRACTIONS OF THE FEDERAL PROPERTY THAT IS 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 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

CONSIDERING

1.- That, article 27 of the Political Constitution of the United Mexican States, provides that the ownership of the lands and waters comprised within the limits of the national territory, originally corresponds to the Nation, which has had and has the right to transmit the 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 de facto destined or through a legal ordinance to a public service and the properties equated to these according to said Law are subject to the public domain regime of the Federation.

4.- That, the Secretariat of Infrastructure, Communications and Transport, has had possession, custody, surveillance and use, regarding 24 land fractions of a federal property of greater surface area, with linear length extension of 52.74 kilometers, with Federal Real Estate Registry 5-7410-5, located on the Saltillo Northwest Bypass Highway (Toll), from km. 22+368.32 to 45+760.00, in the municipality of Saltillo, State of Coahuila de Zaragoza, whose technical data are recorded in the plans prepared by the General Directorate of Highway Development of the Secretariat of Infrastructure, Communications and Transport, numbers A1 of A24 to A24 of A24, for the utilization of public services under its charge, with the corresponding locations and surfaces, described in the following table:

SECTION: FEDERAL HIGHWAY SALTILLO-ZACATECAS-OJOCALIENTE

No. DSRDPF	Surface m²	Location	Municipality	Plan
DSRDPF/002/2023	36,522.548	From Km 22+368.32 to Km 23+000	Saltillo	A1 of A24
DSRDPF/003/2023	60,085.60	From Km 23+000 to Km 24+000	Saltillo	A2 of A24
DSRDPF/004/2023	60,485.09	From Km 24+000 to Km 25+000	Saltillo	A3 of A24
DSRDPF/005/2023	60,094.72	From Km 25+000 to Km 26+000	Saltillo	A4 of A24
DSRDPF/006/2023	59,741.11	From Km 26+000 to Km 27+000	Saltillo	A5 of A24
DSRDPF/007/2023	59,527.89	From Km 27+000 to Km 28+000	Saltillo	A6 of A24
DSRDPF/008/2023	59,487.656	From Km 28+000 to Km 29+000	Saltillo	A7 of A24
DSRDPF/009/2023	59,423.33	From Km 29+000 to Km 30+000	Saltillo	A8 of A24
DSRDPF/010/2023	65,385.44	From Km 30+000 to Km 31+000	Saltillo	A9 of A24
DSRDPF/011/2023	61,154.89	From Km 31+000 to Km 32+000	Saltillo	A10 of A24
DSRDPF/012/2023	80,821.68	From Km 32+000 to Km 33+000	Saltillo	A11 of A24
DSRDPF/013/2023	60,274.73	From Km 33+000 to Km 34+000	Saltillo	A12 of A24
DSRDPF/014/2023	59,960.09	From Km 34+000 to Km 35+000	Saltillo	A13 of A24
DSRDPF/015/2023	59,658.41	From Km 35+000 to Km 36+000	Saltillo	A14 of A24
DSRDPF/016/2023	50,634.75	From Km 36+000 to Km 37+000	Saltillo	A15 of A24
DSRDPF/017/2023	60,002.32	From Km 37+000 to Km 38+000	Saltillo	A16 of A24
DSRDPF/018/2023	59,580.40	From Km 38+000 to Km 39+000	Saltillo	A17 of A24
DSRDPF/019/2023	61,296.30	From Km 39+000 to Km 40+000	Saltillo	A18 of A24
DSRDPF/020/2023	60,718.28	From Km 40+000 to Km 41+000	Saltillo	A19 of A24
DSRDPF/021/2023	62,029.34	From Km 41+000 to Km 42+000	Saltillo	A20 of A24
DSRDPF/022/2023	62,021.48	From Km 42+000 to Km 43+000	Saltillo	A21 of A24
DSRDPF/023/2023	60,458.52	From Km 43+000 to Km 44+000	Saltillo	A22 of A24
DSRDPF/024/2023	60,586.53	From Km 44+000 to Km 45+000	Saltillo	A23 of A24
DSRDPF/025/2023	44,179.47	From Km 45+000 to Km 45+760	Saltillo	A24 of A24
TOTAL	1,424,130.58

5.- That, by reason 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 object 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 start of the administrative procedure aimed at issuing this Declaration of Subjection to the Public Domain Regime of the Federation 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 the interested parties expired, to state what was convenient to their right, regarding the procedure cited in the previous consideration, therefore 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 public domain regime of the Federation, for being comprised in some of the provisions of the General Law of National Assets; I have seen fit to issue the following:

DECLARATION

FIRST.- That the 24 land fractions that are part of a federal property of greater surface area, described in Consideration 4 of this instrument, are subject to the public domain regime of the Federation.

SECOND.- That by reason of the above, said land fractions that are 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 are 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 Officer, 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 are 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 public domain regime 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 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 enforceability against third parties.

TRANSITORY

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

Mexico City, on the 28th day of November 2023.- General Director of Administration of the Federal Real Estate Assets, Gabriela Guerrero Aguilar.- Rubric.

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