Declaration of Subjection to the Public Domain Regime of the Federation Regarding the Federal Property Indicated (8-8927-3)

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DOF: 13/12/2023

DECLARATION of Subjection to the Public Domain Regime of the Federation, regarding the indicated Federal Property

In 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/AR/ 02/2023.

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

REGARDING THE FEDERAL PROPERTY INDICATED. (8-8927-3).

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 section II (prior to the reform of January 28, 1992), 130, Seventeenth Transitory of the Political Constitution of the United Mexican States; articles 2 section I, 17, 26 and 31 section XXIX and XXX, of the Organic Law of the Federal Public Administration; 2 section II, 3 section VI, 4, 6 section V, 10, 13, 28, 29, section IV, 32, 40, 42, section V, 48, 78, 79 and 101 section III and Fourth Transitory of the General Law of National Assets; 4 section G, section V, 48 and 49 of the Internal Regulations of the Secretariat of Finance and Public Credit; 1, 3 section X, 6 section XXXIII 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 then 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 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 section II of article 27 of the Political Constitution of the United Mexican States, prior to the reforms of January 28, 1992, establishes that "temples intended for public worship are property of the Nation, represented by the Federal Government, which will determine those that should continue destined for their object. The temples that are erected hereinafter for public worship, shall be property of the Nation"; in this sense the Seventeenth Transitory article of the Political Constitution of the United Mexican States in force, establishes that these assets property of the Nation will maintain their current legal situation.

3.- That according to articles 1°, 2º, 3° and 4° of the Law of Nationalization of Assets, Regulatory of section II of Constitutional Article 27, indicates which are the assets property of the Nation, represented by the Federal Government.

4.- That, for its part, article 6 section V and Fourth Transitory of the General Law of National Assets provide that those subject to the public domain regime of the Federation are the nationalized real estate referred to in the Seventeenth Transitory Article of the Political Constitution of the United Mexican States, including those regarding which, at the date of entry into force of this ordinance, the corresponding judicial resolution or administrative declaration had not yet been issued.

5.- That the Secretariat of Finance and Public Credit through its decentralized administrative body Institute of Administration and Appraisals of National Assets, has had the administration of the federal property identified with the Federal Real Estate Registry number 8-8927-3 and under the use of the Religious Association named "El Concilio Nacional de las Asambleas de Dios, A. R.", with Registry Number SGAR/164/93, with the location, surface, measures and boundaries corresponding, described in the following table:

No.	DSRDPF/AR	RFI	Name, Location and Surface	Orientation	Boundary	Measures (Meters)
02/2023		8-8927-3	"TEMPLO BETANIA" located at Calle Santiago No. 3409 (lots 11 and 12, block 227), Colonia Ampliación Fronteriza, City and Municipality of Juárez, State of Chihuahua. Surface of 500.70 square meters.	NORTH	PRIVATE PROPERTY	50.07
				SOUTH	ZACATENCO STREET	50.07
				WEST	LORETO STREET	10.00
				EAST	SANTIAGO STREET	10.00

6.- That, in view of the above, said property is identified as Federal Property and is controlled in the Inventory System of Federal and Parastate Real Estate Assets, with the Federal Real Estate Registry indicated in the previous table.

7.- That according to the previous considerations, the property object of this Declaration is Federal Property that adjusts to the assumption provided in article 6, section V of the General Law of National Assets; so that on July 5, 2022, the notification was published in the Official Gazette of the Federation through which the start of the administrative procedure tending to issue this Declaration of Subjection to the Public Domain Regime of the Federation is made known in terms of article 29, section IV of the General Law of National Assets.

8.- That on July 12, 2022, the legal term established to oppose the procedure cited in the previous consideration expired, so that upon not having received any manifestation of opposition; in the name and on behalf of the Secretariat of Finance and Public Credit, dependency of the Federal Executive in charge of declaring, when necessary, that a determined asset is subject to the public domain regime of the Federation, for being included 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 property described in consideration 5 of this document, is subject to the public domain regime of the Federation.

SECOND. - That in view of the above said property 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 they cannot be considered vacant assets for the effects of articles 785 to 789 of the Federal Civil Code.

THIRD. - The Religious Association named "El Concilio Nacional de las Asambleas de Dios, A. R.", with Registry Number SGAR/164/93, user of the property described in consideration 5, according to article 83 of the General Law of National Assets, is obligated to safeguard, conserve, maintain, restore and to cooperate with the Secretariat of Finance and Public Credit through its decentralized administrative body Institute of Administration and Appraisals of National Assets, in the integration of the information and documentation necessary to obtain the judicial resolution or the corresponding administrative declaration regarding the nationalized property, as well as present them to said Secretariat, which will determine the appropriate avenue for such effect.

FOURTH. - Even though the Religious Association user of the property ceases to occupy the property 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, in terms of article 83 section V of the General Law of National Assets and 16 of the Law of Religious Associations and Public Worship, the relative property 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 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 regarding the property 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 property in question, in accordance with the provisions of articles 42 section V, and 48 of the General Law of National Assets, for effects 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 following its publication in the Official Gazette of the Federation.

Mexico City on the 04 days of the month of December two thousand twenty-three.- General Director of Administration of Federal Real Estate Assets, Gabriela Guerrero Aguilar .- Signature.

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