Declaratory Determining Reversion to the Federal Estate of Real Estate Transferred to the Government of the State of Hidalgo

DOF: 21/03/2024

DECLARATORY determining that the real estate transferred to the Government of the State of Hidalgo via Donation and Cession of Possessory Rights Contract number CD Y CDP reverts to the Federal Estate.

A seal with the National Coat of Arms appears at the margin, stating: United Mexican States.- TREASURY.- Ministry of Finance and Public Credit.- Institute of Administration and Appraisal of National Assets.- D.R.-008/2024.

DECLARATORY determining that the real estate transferred to the Government of the State of Hidalgo via Donation and Cession of Possessory Rights Contract number CD Y CDP.- 2002 004 dated October 18, 2002, reverts to the Federal Estate.

VÍCTOR JULIÁN MARTÍNEZ BOLAÑOS, President of the Institute of Administration and Appraisal of National Assets, a decentralized administrative body of the Ministry of Finance and Public Credit, based on the provisions of Articles 1, 2, fraction I, 17, 26, 31, fractions XXIX and XXX of the Organic Law of the Federal Public Administration; 2, fractions II and IV, 29, fractions I and XV, 93, second paragraph, 94, second paragraph, and 101, fraction IV 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, 4, fraction I, subsection a), and 6, fractions XXVI and XXXIII of the Regulations of the Institute of Administration and Appraisal of National Assets; deems it appropriate to issue this declaratory, taking into account the following:

CONSIDERATIONS

FIRST.- That by Presidential Decree published in the Official Gazette of the Federation on January 28, 1998, the real estate forming part of the federal estate, which had been used by the Ministry of Health to provide services to the population in first-level units, hospitals, administrative offices, warehouses, and auxiliary services, was deincorporated from the public domain regime of the Federation. The then Ministry of Comptrollership and Administrative Development was authorized to donate them on behalf of and representing the Federal Government to the Government of the State where they are located, so that they could continue to be used for the same purpose.

SECOND.-

That via Donation and Cession of Possessory Rights Contract number CD Y CDP.- 2002 004 dated October 18, 2002, registered in the Federal Property Registry under Real Folio numbers 69565, 19242/1, 35541/1, 6641/1, 36365/1, and 6692/1 dated May 21, 2003, the Federal Government formalized the transfer actions of real estate in favor of the Government of the State of Hidalgo, granting the free donation of ownership and the transmission of possessory rights of 292 real estate properties, under the commitment to dedicate them to the provision of public health services and related activities.

THIRD.- That on May 29, 2023, the "Decree reforming, adding, and repealing various provisions of the General Health Law to regulate the Health System for Welfare" was published in the Official Gazette of the Federation, which stated as follows:

" ...

Article 7.- ...

For the purposes of the preceding paragraph, Health Services of the Mexican Institute of Social Security for Welfare (IMSS-BIENESTAR) will collaborate with the Ministry of Health regarding the free provision of health services, medications, and other associated supplies required by people without social security, within the framework of the Health System for Welfare referred to in Title Third Bis of this Law, for the purposes specified in this Law.

...

Article 18.- ...

The Federation, through the Health Services of the Mexican Institute of Social Security for Welfare (IMSS-BIENESTAR) and in accordance with applicable legal provisions, will propose the celebration of coordination agreements with the governments of the federative entities regarding the provision of services referred to in fractions II and II Bis of Article 3 of this Law.

Article 19. The Federation and the governments of the federative entities, in accordance with applicable legal provisions, will contribute the material, human, and financial resources necessary for the operation of general health services, which are included in the agreements and coordination agreements celebrated for this purpose, in accordance with the previous article.

...

Article 77 bis 6. Health Services of the Mexican Institute of Social Security for Welfare (IMSS-BIENESTAR) and the federative entities may celebrate coordination agreements for the execution of the free provision of health services, medications, and other associated supplies for people without social security.

...

Article 77 bis 35. The decentralized public body Health Services of the Mexican Institute of Social Security for Welfare (IMSS-BIENESTAR) is the health institution of the Mexican State responsible for the free provision of health services, medications, and other associated supplies for the comprehensive care of people who do not have affiliation with social security institutions, in the case of concurrence with the federative entities, independent of the health services provided by other public or private institutions.

...

FOURTH.- In order to contribute to the free provision of health services, medications, and other associated supplies required by people without social security, the Government of the State of Hidalgo celebrated a Coordination Agreement establishing the form of collaboration in matters of personnel, infrastructure, equipment, medications, and other associated supplies for the free provision of health services for people without social security, with the Ministry of Health, the Mexican Institute of Social Security, Health Services of the Mexican Institute of Social Security for Welfare (IMSS-BIENESTAR) dated August 11, 2023 (Coordination Agreement), with the object of establishing the commitments to which the parties will be subject for the transfer, published on November 22, 2023, in the Official Gazette of the Federation.

FIFTH.- That contract number CD Y CDP.- 2002 004, in its third clause, established, literally, as follows: "IN THE EVENT THAT 'THE DONEE' DOES NOT USE THE REAL ESTATE WHOSE OWNERSHIP AND POSSESSION ARE DONATED, DEDICATES THEM TO A USE DIFFERENT FROM THAT PRESCRIBED IN THE PRESIDENTIAL DECREE REFERRED TO IN DECLARATION I.3, AGAINST WHAT IS PROVIDED BY CLAUSE FIRST OF THIS CONTRACT OR WHEN WITHOUT PRIOR AUTHORIZATION FROM THE MINISTRY OF COMPTROLLERSHIP AND ADMINISTRATIVE DEVELOPMENT IT CEASES TO USE OR NEED THEM IN A TERM OF TWELVE MONTHS, THE REAL ESTATE WILL REVERT PHYSICALLY AND LEGALLY, WITH ALL IMPROVEMENTS AND ACCESSIONS, TO THE ESTATE OF THE FEDERAL GOVERNMENT."

SIXTH.- That via letters numbers GEH/002/2024 and GEH/011/2024 dated January 18 and February 9, 2024, respectively, the Constitutional Governor of the Free and Sovereign State of Hidalgo informs that this Federative Entity has determined that the 250 real estate properties added in Annex 1 of this declaratory are no longer necessary, since according to the reform of the General Health Law, IMSS-BIENESTAR will plan, organize, and direct actions for the free provision of health services, medications, and other associated supplies, in the Federative Entities that have celebrated a Coordination Agreement.

SEVENTH.- That inasmuch as the Government of the State of Hidalgo will not require using the real estate subject to this declaratory for the purposes for which they were transferred in the contract described in Consideration Second and in the Decree indicated in Consideration First, the cause for reversion provided in clause third and article third of the referred instruments, respectively, in concordance with the second paragraph of article 93 of the General Law of National Assets, has been fulfilled.

EIGHTH.- That taking into consideration the statements made by the Government of the State of Hidalgo, from which its express consent derives, it is appropriate to issue this declaratory of reversion, without it being necessary to substantiate the administrative procedure referred to in articles 108 to 112 of the General Law of National Assets, regarding the recovery of ownership and possession of the real estate alienated free of charge, with the Government of the State of Hidalgo bearing full responsibility for the lack of veracity and/or inconsistency of the information provided for the issuance of this Declaratory.

Based on Article 9, fraction XIV of the Regulations of the Institute of Administration and Appraisal of National Assets, the Legal Unit issued an opinion deeming this declaratory of reversion appropriate; therefore, based on the considerations referred to, I have deemed it appropriate to issue the following:

DECLARATORY

FIRST.- It is declared that of the real estate listed in Annex 1 of this declaratory, which were transferred via Donation and Cession of Possessory Rights Contract number CD Y CDP.- 2002 004 dated October 18, 2002, in favor of the Government of the State of Hidalgo, they revert to the Federal Estate, for the reasons set forth and founded in the considerations of this instrument, in compliance with the Reform of the General Health Law, published in the Official Gazette of the Federation on May 29, 2023, provided that they are not in the circumstances of the Second, Third, Fourth, and Fifth Declaratories of this document.

SECOND.- The real estate subject to the donation contract described in Consideration Second that are not listed in Annex 1 of this document are excluded from this reversion declaratory.

THIRD.- The real estate subject to the Donation and Cession of Possessory Rights Contract described in Consideration Second that are in social property are excluded from this declaratory.

FOURTH.- The real estate from which the Federal Government has ceded Possessory Rights and the Government of the State of Hidalgo has obtained the title of ownership in its favor are excepted from this reversion declaratory, regarding which that State Government must carry out the corresponding procedures to transmit the ownership in favor of the Mexican Institute of Social Security for Welfare (IMSS-BIENESTAR).

FIFTH.- In the event that real estate listed in Annex 1 do not form part of contract number CD Y CDP.- 2002 004, they will be excluded from this declaratory.

SIXTH.- In the event that there are debts for taxes, contributions, and services regarding the real estate that revert in this declaratory, the Government of the State of Hidalgo undertakes to cover them, freeing the Institute of Administration and Appraisal of National Assets from any responsibility.

SEVENTH.- That the Mexican Institute of Social Security for Welfare (IMSS-BIENESTAR) has full knowledge of the physical, legal, and administrative situation of each of the real estate subject to this reversion, and therefore commits to materializing its conclusion, as it will begin to use them for the free provision of health services, medications, and other associated supplies, in the Federative Entities that have celebrated a Coordination Agreement.

EIGHTH.- The Government of the State of Hidalgo must integrate the files of the real estate that are reverted in this act.

NINTH.- This declaratory constitutes the title of ownership of the Federation regarding the real estate subject to the reversion in question.

TENTH.- This declaratory shall be published in the Official Gazette of the Federation and registered in the Federal Property Registry and in the Public Property Registry corresponding to the location of the reverted assets.

This reversion declaratory shall take effect the day after its publication in the Official Gazette of the Federation.

Mexico City, on the 14th day of the month of March, 2024.- President of the Institute of Administration and Appraisal of National Assets, Víctor Julián Martínez Bolaños.- Rubric.

ANNEX CORRESPONDING TO THE DECLARATORY D.R.- 008 /2024

Determining that the real estate transferred to the Government of the State of Hidalgo via Donation and Cession of Possessory Rights Contract number CD Y CDP.- 2002 004 dated October 18, 2002, reverts to the Federal Estate, which can be consulted at the following electronic addresses:

AVAILABLE CONSULTATION ON THE WEBSITE OF THE INSTITUTE OF ADMINISTRATION AND APPRAISAL OF NATIONAL ASSETS (INDAABIN) https://www.gob.mx/cms/uploads/attachment/file/903663/Listado_inmuebles__250__Hidalgo.pdf

AVAILABLE CONSULTATION ON THE WEBSITE OF THE OFFICIAL GAZETTE OF THE FEDERATION (DOF) www.dof.gob.mx/2024/SHCP/Declaratoria_Hidalgo.pdf

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