2024-06-12 | DOF 5730233Added · Updated
The document declares that the property known as "Taller y Almacén del D.R. 076 Valle del Carrizo" in Ahome, Sinaloa, is subject to the Federal Public Domain Regime, rendering it inalienable, imprescriptible, and unseizable. The National Water Commission is designated as the recipient institution responsible for complying with specific articles of the General Law of National Assets while retaining possession and control. The declaration mandates publication in the Official Gazette and registration in both the Federal Property Registry and the local public property registry to ensure legal certainty and opposability against third parties.
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DOF: 12/06/2024
DECLARATION of Submission to the Regime of Public Domain of the Federation, regarding the Federal Real Estate indicated.
On the margin, a seal with the National Coat of Arms, which says: United Mexican States.- TREASURY.- Ministry of
Treasury and Public Credit.- Institute of Administration and Appraisal of National Assets.- Folio: DSRDPF/ 046/2024.
DECLARATION OF SUBMISSION TO THE REGIME OF PUBLIC DOMAIN OF THE FEDERATION,
REGARDING THE FEDERAL REAL ESTATE INDICATED.
Gabriela Guerrero Aguilar, General Director of Administration of the Federal Real Estate Heritage of the
Institute of Administration and Appraisal of National Assets, Autonomous Administrative Body of the
Ministry of Treasury and Public Credit, based on what is provided by Article 27 of the
Political Constitution of the United Mexican States; articles 2 fraction I, 17, 26, 31 fractions XXIX and
XXX, of the Organic Law of the Federal Public Administration; 2, fractions II, IV, VI and VII, 3 fraction III, 4
paragraphs first and second, 6 fraction VI, 10, 13, 28, fractions I, III and VII, 29, fractions I and IV and 32,
fractions III and IV, 42, fraction V, 43, 48 and 101 fraction III of the General Law of National Assets; 2, 3
fraction VI
and 4 of the Law of the Official Gazette of the Federation and Government Gazettes; 2 and 4 of the Law
Federal Administrative Procedure; 4 section G, fraction V, 48 and 49 of the Internal Regulation of the
Ministry of Treasury and Public Credit; 1, 3, fraction X, 4 fraction I, subsection e), 5, 6 fraction XXXIII;
7
fractions XIV and XXIII and 11 fractions I and V of the Regulation of the Institute of Administration and Appraisal
of
National Assets; and Article First of the Delegation Agreement, issued by the President of the Institute of
Administration and Appraisal of National Assets, published in the Official Gazette of the Federation on the day
8 of
March 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
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, article 2, fraction VII of the General Law of National Assets defines as "Federal Real Estate",
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 fraction VI of the General Law of National Assets provides that they are
subject to the regime of public domain of the Federation the Federal Real Estate that are destined by
fact or through a legal order to a public service and the real estate equated to these
according to said Law.
4.- That, the Ministry of Environment and Natural Resources, through its administrative body
unconcentrated named the National Water Commission, has had possession, custody, surveillance and use
respect to the property indicated below, for the use of public services under its charge, with the
location and corresponding surface, described in the following table:
No.
DSRDPF
R.F.I.
Denomination, location and
Surface
Orientation
Adjacency
Measures
Meters
046/2024
25-5591-1
"Workshop and Warehouse of the D.R. 076
Valle del Carrizo",
located in Calle Río Presidio, without
number, Colonia Centro,
C.P.
81343, Municipality of Ahome, State
of Sinaloa.
Surface of 8100.00 square
meters.
NORTH
SOUTH
EAST
WEST
Calle Presa
Sanalona
Boulevard Presa
Josefa Ortiz de
Domínguez
Calle Río Piaxtla
Calle Río Presidio
60.00
60.00
140.00
140.00
5.- That, for the reasons above, said property, is identified as Federal Real Estate and is
controlled in the System of Inventory of the Federal and Para-State Real Estate Heritage, with the
Federal Real Estate Registry indicated in the Consideration above.
6.- That, in accordance with the above considerations, the property object of this Declaration is
Federal Real Estate that fits the case provided for in article 6, fraction VI of the General Law of National
Assets; therefore, on May 7, 2024, it was published in the Official Gazette of the Federation, the
notification by which the start of the administrative procedure intended to issue
the present Declaration of Submission to the Regime of Public Domain of the Federation in terms of article
29, fractions I and IV of the General Law of National Assets.
7.- That, on May 17, 2024, the legal term established for interested parties expired,
to manifest what was convenient for their right, regarding the procedure cited in the consideration above, by
which no manifestation or opposition was received; on behalf and in representation of the
Ministry of Treasury and Public Credit, a dependency of the Federal Executive in charge of determining and
conducting the real estate policy of the Federal Public Administration; as well as to declare, when it is
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 property described in Consideration 4 of this instrument, is subject
to the regime of public domain of the Federation.
SECOND.- That for the reasons above, said property, 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 it cannot be considered a vacant
asset for the effects of articles 785 to 789 of the Federal Civil Code.
THIRD.- In this way, while said property continues in use and control by the Ministry
of Environment and Natural Resources, through its administrative body unconcentrated named
National Water Commission, said dependency will have the character of recipient institution regarding this,
for the effect of what is provided in articles 2, fraction II and 6, fraction VI of the General Law of National
Assets, being obliged, through its Real Estate Coordinator, to comply with the
articles 28, fraction I and 32 of the cited law.
FOURTH.-
Even if the Ministry of Environment and Natural Resources, through its administrative body
unconcentrated named the National Water Commission, ceases to occupy the property, object
of this Declaration and the same is made available to the Ministry of Treasury and Public
Credit through the Institute of Administration and Appraisal of National Assets and said Institute receives
it for its administration, as well as in the event that it ceases to be destined to the purposes of the
article 59 of the General Law of National Assets, the property relative 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 produces effects in
terms of what is provided by 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 property object of it, both in the Federal Property Registry
as in the Public Property Registry corresponding to the location of the property of
which it is a matter, in accordance with what is provided by articles 42 fraction V, and 48 of the General Law of National
Assets, for effects of publicity and of opposability before third parties.
T R A N S I T O R Y
ONLY.- This Declaration will enter into force the day after its publication in the Official Gazette of
the Federation.
Mexico City, on June 3, 2024. - General Director of Administration of the Federal Real Estate Heritage, Gabriela Guerrero Aguilar.- Signature.
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