2024-04-03 | DOF 5722154Added · Updated
The document declares the 'Getsemani Temple' located in Poza Rica de Hidalgo, Veracruz, subject to the Federal Public Domain Regime, rendering it inalienable, imprescriptible, and unseizable. The religious association 'El Concilio Nacional de las Asambleas de Dios, A.R.' is obligated to safeguard, conserve, and maintain the property while assisting the Ministry of Finance and Public Credit in obtaining the corresponding judicial resolution or administrative declaration. The declaration takes effect the day after its publication in the Official Gazette of the Federation.
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DOF: 03/04/2024
DECLARATION of Submission to the Regime of Public Domain of the Federation, regarding the Federal real estate indicated (RFI: 30-26700-1).
At the margin, a seal with the National Coat of Arms, which says: United Mexican States.- FINANCE.- Ministry of
Finance and Public Credit.- Institute of Administration and Appraisal of National Assets.- Folio: DSRDPF/AR/
02 /2024.
DECLARATION OF SUBMISSION TO THE REGIME OF PUBLIC DOMAIN OF THE FEDERATION,
REGARDING THE FEDERAL REAL ESTATE INDICATED. (R.F.I. 30-26700-1).
Gabriela Guerrero Aguilar, General Director of Administration of the Federal Real Estate Heritage of the
Institute of Administration and Appraisal of National Assets, Decentralized Administrative Body of the
Ministry of Finance and Public Credit, based on what is established in Article 27 fraction II (before
the reform of January 28, 1992), 130, Seventeenth Transitory of the Political Constitution of the
United Mexican States; articles 2 fraction I, 17, 26 and 31 fractions XXIX and XXX, of the Organic Law of the
Federal Public Administration; 2 fraction II, 3 fraction VI, 4, 6 fraction V, 10, 13, 28, 29, fraction IV, 32, 40,
42, fraction V, 48, 78, 79 and 101 fraction III and Fourth Transitory of the General Law of National Assets; 4
section G, fraction V, 48 and 49 of the Internal Regulations of the Ministry of Finance and Public Credit; 1, 3
fraction X, 6 fraction XXXIII and 11 fractions 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 then President of
the
Institute of Administration and Appraisal of National Assets, published in the Official Gazette of the Federation on the
day 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 included within the limits of the national territory, belongs
originally to the Nation, which has had and has the right to transmit the ownership of them to
private individuals, constituting private property, having the Nation at all times the right to impose on the
private property the modalities dictated by public interest;
2.- That fraction II of article 27 of the Political Constitution of the United Mexican States, before
the reform of January 28, 1992, establishes that " the temples destined for public worship are property
of
the Nation, represented by the Federal Government, who will determine those that must continue destined to their
object. The temples that in the future are erected for public worship, will be property of the Nation " ; in
this sense article Seventeenth Transitory of the Political Constitution of the United Mexican
States in force, establishes that these assets owned by 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 fraction II of Article 27 Constitutional, indicates which are the assets owned by the Nation,
represented by the Federal Government.
4.- That, for its part, article 6 fraction V and Fourth Transitory of the General Law of National Assets
dispose that they are subject to the regime of public domain of the Federation the nationalized real estate
to which Article Seventeenth Transitory of the Political Constitution of the United Mexican
States refers, including those regarding which, as of the date of entry into force of the present
regulation, no judicial resolution or administrative declaration
corresponding had been issued.
5.- That the Ministry of Finance and Public Credit through its decentralized administrative body
Institute of Administration and Appraisal of National Assets, has had the administration of the federal real estate
identified with the number of Federal Real Estate Registry 30-26700-1 and under the use of the Religious
Association called " The National Council of the Assemblies of God, A.R. " , with Registry number SGAR/ 164/93, with the location, surface, measurements and boundaries corresponding, described in the following table:
No.
DSRDPF/AR
RFI
Name, location and
surface
Orientation
Boundary
Measurements
Meters
02 /2024
30-26700-1
" TEMPLE GETHEMANI "
Francisco Javier Mina Street No.
606, Ricardo Flores
Magon Colony, Municipality of Poza
Rica de Hidalgo, State of
Veracruz de Ignacio de la
Llave. Surface of 251.05 m 2
NORTH
PRIVATE
PROPERTIES
33.48
SOUTH
PRIVATE PROPERTY
31.71
EAST
PRIVATE PROPERTY
8.00
WEST
FRANCISCO
JAVIER MINA STREET
7.54
6.- That, for the reasons above, said real estate is identified as federal real estate and is
controlled in the Inventory System of Federal and Paraestatal Real Estate Heritage, with the
Federal Real Estate Registry indicated in the previous table.
7.- That in accordance with the above considerations, the real estate object of this Declaration is
federal real estate that fits the assumption provided for in article 6, fraction V of the General Law of National
Assets; therefore, on March 6, 2024, it was published in the Official Gazette of the Federation the
notification by which the beginning of the administrative procedure aimed at issuing
the
present Declaration of Submission to the Regime of Public Domain of the Federation in terms of
article
29, fraction IV of the General Law of National Assets is made known.
8.- That on March 16, 2024, the legal term established to oppose the procedure
cited in the previous consideration expired, so that no opposition manifestation having been received; on
behalf and in representation of the Ministry of Finance and Public Credit, a dependency of the Executive
Federal in charge of declaring, when necessary, that a specific asset is subject to the regime of
public domain of the Federation, because it is included in some of the provisions of the General Law
of National Assets; I have deemed it appropriate to issue the following:
D E C L A R A T I O N
FIRST.- That the real estate described in consideration 5 of this document, is subject to the
regime of public domain of the Federation.
SECOND.- That for the reasons above, said real estate is inalienable, imprescriptible and unseizable,
for which reason it is not subject to positive or negative prescription, nor is it the object of actions
reivindicatory or possessory interdicts by third parties, by its nature they cannot be considered
vacant assets for the purposes of articles 785 to 789 of the Federal Civil Code.
THIRD.- The Religious Association called " The National Council of the Assemblies of God, A.R. " ,
with Registry number SGAR/164/93, user of the real estate described in consideration 5, according to
article 83 of the General Law of National Assets, is obliged to safeguard, conserve, maintain,
restore and to collaborate with the Ministry of Finance and Public Credit through its administrative body
decentralized Institute of Administration and Appraisal of National Assets, in the integration of the
information and documentation necessary to obtain the judicial resolution or the administrative declaration
corresponding regarding the nationalized real estate, as well as present them to the Ministry itself, which
determines the appropriate path for such effect.
FOURTH.- Even if the Religious Association user of the real estate ceases to occupy the real estate object of
the present Declaration, and the same is made available to the Ministry of Finance and Public Credit
through the Institute of Administration and Appraisal of National Assets and said Institute receives it for
its administration, in terms of article 83 fraction V of the General Law of National Assets and 16 of the
Law of Religious Associations and Public Worship, the relative real estate will continue subject to the regime of public
domain of the Federation.
FIFTH.- Publish this Declaration in the Official Gazette of the Federation, so that it takes effect in
terms of what is established in article 101 fraction III of the General Law of National Assets.
SIXTH.- Register this Declaration as an act of legal certainty that accredits the nature
federal real estate regarding the real estate object of it, both in the Public Registry of Federal Property
and in the Public Registry of Property corresponding to the location of the real estate of
which it is a matter, in accordance with what is provided for in articles 42 fraction V, and 48 of the General Law of National
Assets, for purposes of publicity and of opposability before third parties.
T R A N S I T O R Y
UNIQUE.- This Declaration will enter into force the day after its publication in the Official Gazette of
the Federation.
Mexico City on the 26th day of the month of March two thousand twenty-four.- General Director of
Administration of the Federal Real Estate Heritage, Gabriela Guerrero Aguilar.- Rubric.
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