2024-02-20 | DOF 5717334Added · Updated
This declaration subjects four specific federal real estate properties to the Federal Public Domain Regime, rendering them inalienable, imprescriptible, and unseizable. The properties, currently under the control of the National Water Commission, are officially recognized as federal assets, with the Commission retaining administrative responsibility while in use. The declaration mandates publication in the Official Gazette and registration in both the Federal and local Public Property Registries to ensure legal certainty and opposability against third parties.
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DOF: 20/02/2024
DECLARATION of Submission to the Regime of Public Domain of the Federation, regarding the federal real estate that is indicated.
At 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/ 001/2024 to DSRDPF/004/2024.
DECLARATION OF SUBMISSION TO THE REGIME OF PUBLIC DOMAIN OF THE FEDERATION, REGARDING THE
FEDERAL REAL ESTATE THAT IS INDICATED.
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 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 of 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 Delegatory 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
CONSIDERATION
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, corresponds
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
to 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
decentralized named the National Water Commission, has had possession, custody, surveillance and use
respect to the real estate indicated below, for the use of public services under its charge, with
the locations and corresponding surfaces, described in the following table:
| No. DSRDPF | R.F.I. | Denomination, location and surface | Orientation | Collateral | Measures Meters |
|---|---|---|---|---|---|
| 001/2024 | 16-6004-6 | "Offices of D.R. 024 Ciénega de Chapala Cumuato Unit" located at Federal Highway 110, La Barca-Briseñas, Cumuato Locality, Kilometer 4, without number, Cumuato Village, C.P. 59121, Municipality of Briseñas, State of Michoacán de Ocampo. Surface of 10331.35 square meters. | NORTH<br>SOUTH<br>EAST<br>WEST | Collector Drain and Duero River<br>Jesús Espino García<br>Municipal Dump<br>Sahuayo-Briseñas Highway | 109.35<br>128.84<br>103.80<br>79.22 |
| 002/2024 | 16-6163-3 | "José María Morelos Camp" located at Circumvalation Avenue, General Lázaro Cárdenas, exterior number without number, interior number Houses of 1-7 Res. Acued Dim and Dto 98 and 2 Offices, Guacamayas Commercial Colony, C.P. 60990, Municipality of Lázaro Cárdenas, State of Michoacán de Ocampo. Surface of 80000.00 square meters. | NORTH<br>SOUTH<br>EAST<br>WEST | SARH Subdivision<br>Guacamayas-Zihuatanejo Highway<br>National Water Commission Camp<br>General Lázaro Cárdenas Avenue | 200.00<br>200.00<br>400.00<br>400.00 |
| 003/2024 | 25-5869-1 | "Offices of Irrigation District 111 Baluarte-Presidio" located at Constitution Street, number 330, Centro Colony, C.P. 82216, Municipality of Mazatlán, State of Sinaloa. Surface of 2312.00 square meters. | NORTH<br>SOUTH<br>EAST<br>WEST<br>SOUTHEAST<br>SOUTHWEST | Right of Way with International Highway Mexico 15.<br>Constitution Street<br>York Department<br>With margin of the Presidio River<br>Constitution Street<br>Convergence of Constitution Street (Extension) with the margin of the Presidio River | 48.81<br>6.04<br>47.45<br>67.00<br>47.45<br>5.70 |
| 004/2024 | 25-5870-8 | "SRL Offices Irrigation District 076 Valle del Carrizo" located at Río Presidio Street, without number, Centro Village, C.P. 81343, Municipality of Ahome, State of Sinaloa. Surface of 4800.00 square meters. | NORTH<br>SOUTH<br>EAST<br>WEST | Presa Sanalona Street<br>Joséfa Ortiz de Domínguez Dam<br>Río Presidio Street<br>Río San Lorenzo Street | 60.00<br>60.00<br>140.00<br>140.00 |
5.- That, in reason of the above, said real estate are identified as Federal Real Estate and are
controlled in the System of Inventory of the Federal and Parastatal Real Estate Heritage, with the
Federal Real Estate Registrations indicated in the previous Consideration.
6.- That, according to the previous considerations, the real estate object of this Declaration are
Federal Real Estate that adjust to the assumption provided in article 6, fraction VI of the General Law of
National Assets; therefore, on January 29, 2024, it was published in the Official Gazette of the Federation,
the notification by which the beginning of the administrative procedure tending 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 is made known.
7.- That, on February 08, 2024, the legal term disposed to the interested parties expired, to
manifest what conformed to their right, regarding the procedure cited in the previous consideration, by
which, since no manifestation or opposition was received; in the name and on behalf 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:
DECLARATION
FIRST.- That the real estate described in Consideration 4 of this instrument, are found
subject to the regime of public domain of the Federation.
SECOND.- That in reason of the above, said real estate, are inalienable, imprescriptible and
unseizable, reason why 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 real estate continue in use and control by the
Ministry of Environment and Natural Resources, through its decentralized administrative body
named the National Water Commission, said dependency will have the character of administrator regarding
these, 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 Responsible, to compliance 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
decentralized named the National Water Commission, ceases to occupy the real estate, object
of this Declaration and they are placed at the disposal of the Ministry of Treasury and Public Credit through the Institute of Administration and Appraisal of National Assets and said Institute receives them for their administration, as well as in case that they cease to be destined to the purposes of
article 59 of the General Law of National Assets, 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 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 real estate
object of the same, both in the Public Registry of the
Federal Property as in the Public Registry of the Property corresponding to the location of the
real estate in question, 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.
TRANSITORY
ONLY.- This Declaration will enter into force the day after its publication in the Official Gazette of
the Federation.
Mexico City, on the 12th day of February 2024. - General Director of Administration of the
Federal Real Estate Heritage, Gabriela Guerrero Aguilar.- Rubric.
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