2024-04-08 | DOF 5722472

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Declaration of Submission to the Federal Public Domain Regime Regarding the Federal Real Estate Identified as R.F.I. 5-7469-8

The document declares that the real estate known as "TEMPLO EKKLESIA" in Saltillo, Coahuila, registered under R.F.I. 5-7469-8, is 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 or administrative resolution. The declaration takes effect the day after its publication in the Official Gazette of the Federation.

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DOF: 08/04/2024

DECLARATION of Submission to the Regime of Public Domain of the Federation, regarding the Federal real estate indicated.

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/03/2024.

DECLARATION OF SUBMISSION TO THE REGIME OF PUBLIC DOMAIN OF THE FEDERATION, REGARDING THE FEDERAL REAL ESTATE INDICATED. (R.F.I. 5-7469-8).

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 by 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 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 included within the limits of the national territory originally belongs to the Nation, which has had and has the right to transmit the ownership thereof to individuals, constituting private property, having the Nation at all times the right to impose on 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 "temples destined for public worship are property of the Nation, represented by the Federal Government, who shall determine those that must continue to be destined for their object. The temples that are subsequently erected for public worship shall be property of the Nation"; in this sense, the Seventeenth Transitory Article of the current Political Constitution of the United Mexican States establishes that these properties of the Nation will maintain their current legal situation.

  3. That according to articles 1°, 2°, 3° and 4° of the Law of Nationalization of Assets, Regulatory of fraction II of Article 27 Constitutional, it indicates which are the properties of 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 provide that the nationalized real estate referred to in the Seventeenth Transitory Article of the Political Constitution of the United Mexican States are subject to the regime of public domain of the Federation, including those with respect to which, as of the date of entry into force of this regulation, no judicial resolution or corresponding administrative declaration had yet been issued.

  5. That the Ministry of Finance and Public Credit through its decentralized administrative body, the Institute of Administration and Appraisal of National Assets, has had the administration of the federal real estate identified with the Federal Real Estate Registry number 5-7469-8 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 corresponding location, surface area, measurements and boundaries, described in the following table:

No. DSRDPF/ARRFIDenomination, location and surface areaOrientationBoundaryMeasurements Meters
03/20245-7469-8"TEMPLO EKKLESIA" located at Juan Navarro Street No. 2458 (formerly West Avenue), Fraction A of Lots 22 and 23, Vista Hermosa Neighborhood, Municipality of Saltillo, State of Coahuila de Zaragoza. Surface area of 1,000.00 m²NORTHLOTS 16 AND 1750.00
SOUTHLOTS 31 AND 3450.00
WESTJUAN NAVARRO STREET (FORMERLY WEST AVENUE)20.00
EASTPRIVATE PROPERTY REST WITH LOTS 22 AND 2320.00
  1. That, for the reasons above, said real estate is identified as Federal real estate and is controlled in the System of Inventory of Federal and Paraestatal Real Estate Heritage, with the Federal Real Estate Registry indicated in the previous table.

  2. 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 5, 2024, notification was published in the Official Gazette of the Federation through which the start of the administrative procedure aimed at issuing this 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.

  3. That on March 15, 2024, the legal term established to oppose the procedure mentioned in the previous consideration expired, so that since no opposition manifestation was received; on behalf and in representation of the Ministry of Finance and Public Credit, the federal executive branch department 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:

DECLARATION

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 reivindicatory actions or possessory interdicts by third parties, by its nature 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 real estate described in consideration 5, according to article 83 of the General Law of National Assets, is obligated to safeguard, conserve, maintain, restore and to collaborate with the Ministry of Finance and Public Credit through its decentralized administrative body, the Institute of Administration and Appraisal of National Assets, in the integration of the information and documentation necessary to obtain the corresponding judicial resolution or administrative declaration regarding the nationalized real estate, as well as present them to said Ministry, which will determine 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 this Declaration, and it 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 to be subject to the regime of public domain of the Federation.

FIFTH.- This Declaration shall be published in the Official Gazette of the Federation, so that it takes effect in terms of what is established by article 101, fraction III of the General Law of National Assets.

SIXTH.- This Declaration shall be registered as an act of legal certainty that certifies the federal real estate nature regarding the real estate object thereof, both in the Federal Property Registry and in the Public Property Registry corresponding to the location of the real estate in question, 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 opposability before third parties.

TRANSITORY

SINGLE.- 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 of two thousand twenty-four.- General Director of Administration of the Federal Real Estate Heritage, Gabriela Guerrero Aguilar.- Rubric.

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