2023-12-08 | DOF 5710878

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Declaration of Subjection to the Public Domain Regime of the Federation Regarding the Land Fractions of the Indicated Federal Property with Federal Real Estate Registry 23-5189-8

This declaration subjects 45 land fractions totaling 3,682,235.03 square meters along the Chetumal-Escárcega Highway in Quintana Roo to the Public Domain Regime of the Federation under Federal Real Estate Registry 23-5189-8. The land fractions are deemed inalienable, imprescriptible, and unattachable, with administration assigned to the Secretariat of Infrastructure, Communications and Transport while in use for public services. The instrument mandates publication in the Official Gazette of the Federation and registration in the Public Registry of Federal Property to take effect the day following publication.

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Official Gazette of the Federation: 08/12/2023

DECLARATION of Subjection to the Public Domain Regime of the Federation, regarding the land fractions of the Federal Property indicated, with the Federal Real Estate Registry 23-5189-8.

On the margin a seal with the National Shield, which says: United Mexican States.- TREASURY.- Secretariat of Finance and Public Credit.- Institute of Administration and Appraisals of National Assets.- Folio: DSRDPF/ 073/2023 to DSRDPF/117/2023.

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

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 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 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 Appraisals of National Assets; and Article First 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 I N G

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, corresponds originally 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 destined de facto 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 45 land fractions that are part of a federal property of larger surface area, with linear length extension of 97.46 kilometers, with Federal Real Estate Registry 23-5189- 8 , located on Highway MEX-186 Francisco Escárcega-Chetumal , in the Municipality of Othón P. Blanco, State of Quintana Roo, whose technical data are recorded in the topographic plans prepared by the General Residence of Federal Highways S.C.T. Quintana Roo, of the then Secretariat of Communications and Transport, now Secretariat of Infrastructure, Communications and Transport, numbers Ega-Cmal: 01/45 to Ega-Cmal: 45/45, for the use of public services under its charge, with the corresponding locations and surfaces, described in the following table:

SECTION: CHETUMAL- ESCÁRCEGA- KM. 179+564.02 TO KM. 270+983.00

No. of DSRDPFPLANSURFACE M²LOCATIONMUNICIPALITY
DSRDPF/073/2023Ega-Cmal: 01/4597,439.95Km 179+564.02 to Km 182+000 Both SidesOthón P. Blanco
DSRDPF/074/2023Ega-Cmal: 02/4579,998.40Km 182+000 to Km 184+000 Both SidesOthón P. Blanco
DSRDPF/075/2023Ega-Cmal: 03/4580,086.28Km 184+000 to Km 186+000 Both SidesOthón P. Blanco
DSRDPF/076/2023Ega-Cmal: 04/4580,006.80Km 186+000 to Km 188+000 Both SidesOthón P. Blanco
DSRDPF/077/2023Ega-Cmal: 05/4580,000.17Km 188+000 to Km 190+000 Both SidesOthón P. Blanco
DSRDPF/078/2023Ega-Cmal: 06/4579,833.31Km 190+000 to Km 192+000 Both SidesOthón P. Blanco
DSRDPF/079/2023Ega-Cmal: 07/4580,001.29Km 192+000 to Km 194+000 Both SidesOthón P. Blanco
DSRDPF/080/2023Ega-Cmal: 08/4580,067.67Km 194+000 to Km 196+000 Both SidesOthón P. Blanco
DSRDPF/081/2023Ega-Cmal: 09/4580,001.16Km 196+000 to Km 198+000 Both SidesOthón P. Blanco
DSRDPF/082/2023Ega-Cmal: 10/4579,988.08Km 198+000 to Km 200+000 Both SidesOthón P. Blanco
DSRDPF/083/2023Ega-Cmal: 11/4580,064.12Km 200+000 to Km 202+000 Both SidesOthón P. Blanco
DSRDPF/084/2023Ega-Cmal: 12/4580,001.19Km 202+000 to Km 204+000 Both SidesOthón P. Blanco
DSRDPF/085/2023Ega-Cmal: 13/4580,003.99Km 204+000 to Km 206+000 Both SidesOthón P. Blanco
DSRDPF/086/2023Ega-Cmal: 14/4580,011.83Km 206+000 to Km 208+000 Both SidesOthón P. Blanco
DSRDPF/087/2023Ega-Cmal: 15/4581,123.19Km 208+000 to Km 210+000 Both SidesOthón P. Blanco
DSRDPF/088/2023Ega-Cmal: 16/4578,992.06Km 210+000 to Km 212+000 Both SidesOthón P. Blanco
DSRDPF/089/2023Ega-Cmal: 17/4579,999.94Km 212+000 to Km 214+000 Both SidesOthón P. Blanco
DSRDPF/090/2023Ega-Cmal: 18/4578,299.24Km 214+000 to Km 216+000 Both SidesOthón P. Blanco
DSRDPF/091/2023Ega-Cmal: 19/4578,849.90Km 216+000 to Km 218+000 Both SidesOthón P. Blanco
DSRDPF/092/2023Ega-Cmal: 20/4580,920.69Km 218+000 to Km 220+000 Both SidesOthón P. Blanco
DSRDPF/093/2023Ega-Cmal: 21/4579,905.12Km 220+000 to Km 222+000 Both SidesOthón P. Blanco
DSRDPF/094/2023Ega-Cmal: 22/4579,813.67Km 222+000 to Km 224+000 Both SidesOthón P. Blanco
DSRDPF/095/2023Ega-Cmal: 23/4580,302.02Km 224+000 to Km 226+000 Both SidesOthón P. Blanco
DSRDPF/096/2023Ega-Cmal: 24/4579,999.90Km 226+000 to Km 228+000 Both SidesOthón P. Blanco
DSRDPF/097/2023Ega-Cmal: 25/4579,999.43Km 228+000 to Km 230+000 Both SidesOthón P. Blanco
DSRDPF/098/2023Ega-Cmal: 26/4580,004.60Km 230+000 to Km 232+000 Both SidesOthón P. Blanco
DSRDPF/099/2023Ega-Cmal: 27/4580,189.09Km 232+000 to Km 234+000 Both SidesOthón P. Blanco
DSRDPF/100/2023Ega-Cmal: 28/4580,000.00Km 234+000 to Km 236+000 Both SidesOthón P. Blanco
DSRDPF/101/2023Ega-Cmal: 29/4580,019.24Km 236+000 to Km 238+000 Both SidesOthón P. Blanco
DSRDPF/102/2023Ega-Cmal: 30/4579,785.13Km 238+000 to Km 240+000 Both SidesOthón P. Blanco
DSRDPF/103/2023Ega-Cmal: 31/4580,000.00Km 240+000 to Km 242+000 Both SidesOthón P. Blanco
DSRDPF/104/2023Ega-Cmal: 32/4580,116.33Km 242+000 to Km 244+000 Both SidesOthón P. Blanco
DSRDPF/105/2023Ega-Cmal: 33/4580,005.07Km 244+000 to Km 246+000 Both SidesOthón P. Blanco
DSRDPF/106/2023Ega-Cmal: 34/4579,888.78Km 246+000 to Km 248+000 Both SidesOthón P. Blanco
DSRDPF/107/2023Ega-Cmal: 35/4580,204.52Km 248+000 to Km 250+000 Both SidesOthón P. Blanco
DSRDPF/108/2023Ega-Cmal: 36/4579,987.99Km 250+000 to Km 252+000 Both SidesOthón P. Blanco
DSRDPF/109/2023Ega-Cmal: 37/45104,648.36Km 252+000 to Km 254+000 Both SidesOthón P. Blanco
DSRDPF/110/2023Ega-Cmal: 38/4580,001.55Km 254+000 to Km 256+000 Both SidesOthón P. Blanco
DSRDPF/111/2023Ega-Cmal: 39/4580,009.90Km 256+000 to Km 258+000 Both SidesOthón P. Blanco
DSRDPF/112/2023Ega-Cmal: 40/4579,709.76Km 258+000 to Km 260+000 Both SidesOthón P. Blanco
DSRDPF/113/2023Ega-Cmal: 41/4579,929.60Km 260+000 to Km 262+000 Both SidesOthón P. Blanco
DSRDPF/114/2023Ega-Cmal: 42/4580,090.65Km 262+000 to Km 264+000 Both SidesOthón P. Blanco
DSRDPF/115/2023Ega-Cmal: 43/4579,992.65Km 264+000 to Km 266+000 Both SidesOthón P. Blanco
DSRDPF/116/2023Ega-Cmal: 44/4580,238.60Km 266+000 to Km 268+000 Both SidesOthón P. Blanco
DSRDPF/117/2023Ega-Cmal: 45/45121,703.81Km 268+000 to Km 270+983.00 Both SidesOthón P. Blanco
TOTAL3,682,235.03

5.- That, by virtue 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 comply with 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 interested parties expired, to manifest what was convenient to 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 necessary, 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:

D E C L A R A T I O N

FIRST.- That the 45 land fractions that are part of a federal property of larger surface area, described in Consideration 4 of this instrument, are subject to the public domain regime of the Federation.

SECOND.- That by virtue of the above, said land fractions that are part of a federal property of larger 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 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, ceases to occupy the land fractions that are 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 Appraisals 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.- 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 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 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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