2024-05-15 | DOF 5726796Added · Updated
The Ministry of Finance and Public Credit declares that the real estate located at Avenida Pantitlán number 449 in Nezahualcóyotl, State of Mexico, identified by Federal Real Estate Registry 15-12509-3, is subject to the regime of federal public domain. This declaration renders the property inalienable, imprescriptible, and unseizable, and requires the religious association "The Church of Jesus Christ of Saints of the Last Days in Mexico, A.R." to safeguard, conserve, and maintain the property while cooperating with the Institute of Administration and Appraisal of National Assets to integrate necessary documentation for judicial or administrative resolution. The declaratory enters into force the day after its publication in the Official Gazette of the Federation.
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DOF: 15/05/2024
DECLARATORY of Submission to the Regime of Federal Public Domain, regarding the Federal real estate indicated.
At the margin, a seal with the National Coat of Arms, which reads: United Mexican States.- TREASURY.- Ministry of Finance and Public Credit.- Institute of Administration and Appraisal of National Assets.- Folio: DSRDPF/AR/ 05/2024.
DECLARATORY OF SUBMISSION TO THE REGIME OF FEDERAL PUBLIC DOMAIN,
REGARDING THE FEDERAL REAL ESTATE INDICATED. (15-12509-3).
Gabriela Guerrero Aguilar, General Director of Administration of Federal Real Estate Assets 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 provided by Article 27, fraction II (before the reform of January 28, 1992), 130, Seventeenth Transitional 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 Transitional 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 ONE 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
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 reforms of January 28, 1992, establishes that "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 Transitional of the Political Constitution of the United States
Mexican current, establishes that these properties belonging to 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 properties belonging to the Nation, represented
by the Federal Government.
4.- That, for its part, article 6, fraction V and Fourth Transitional of the General Law of National Assets
dispose that they are subject to the regime of federal public domain the nationalized real estate to
which Article Seventeenth Transitional of the Political Constitution of the United States
Mexican, including those with respect to which, as of the date of entry into force of the present
regulation, no judicial resolution or administrative declaration had yet been issued
corresponding.
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 15-12509-3 and under the use of the Religious
Association called "THE CHURCH OF JESUS CHRIST OF SAINTS OF THE LAST DAYS IN
MEXICO, A.R.", with Registry number SGAR/592/93, with the location, surface, measures and boundaries
corresponding, described in the following table:
No.
DSRDPF/AR
RFI
Denomination location and
surface
Orientation
Boundary
Measures
Meters
05/2024
15-12509-3
"THE CHURCH OF JESUS CHRIST OF
SAINTS OF THE LAST
DAYS IN MEXICO",
Pantitlán Avenue number 449
(before
s/n), lots 1 to 10 and 23 to 32,
Block 17, Super 43), Neighborhood
Vicente Villada Expansion (before
General Vicente Villada Expansion),
Postal Code 57710, Municipality of
Nezahualcóyotl, State of Mexico.
Surface of 3,087.00 m 2
NORTH
PANTITLÁN AVENUE
34.30
SOUTH
PRIVATE PROPERTY
34.30
WEST
POLANCO STREET
90.00
EAST
VILLA OBREGÓN STREET
90.00
6.- That, in view of the above, said real estate is identified as Federal real estate and is
controlled in the Federal and Paraestatal Real Estate Asset Inventory System, with the
Federal Real Estate Registry indicated in the table above.
7.- That in accordance with the above considerations, the real estate object of this Declaratory 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 15, 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 Declaratory of Submission to the Regime of Federal Public Domain in terms of the
article
29, fraction IV of the General Law of National Assets.
8.- That on March 25, 2024, the legal term established to oppose the procedure
cited in the previous consideration expired, so that no opposition manifestation was received; on
behalf and in representation of the Ministry of Finance and Public Credit, a federal executive department responsible for declaring, when necessary, that a specific asset is subject to the regime of
federal public domain, 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 O R Y
FIRST. - That the real estate described in consideration 5 of this document, is subject
to the regime of federal public domain.
SECOND. - That in view of the above, said real estate is inalienable, imprescriptible and unseizable,
reason why it is not subject to positive or negative prescription, nor is it the object of actions
for recovery 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 CHURCH OF JESUS CHRIST OF SAINTS OF
THE LAST DAYS IN MEXICO, A.R.", with Registry number SGAR/592/93, 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 cooperate with the Ministry of Finance and
Public Credit through its decentralized administrative body Institute of Administration and Appraisal of
National Assets, in the integration of the information and documentation necessary to obtain the resolution
judicial or administrative declaration corresponding with respect to the nationalized real estate, as well as
present them to the Ministry itself, which will determine the appropriate path for such effect.
FOURTH. - Even if the Religious Association using the real estate ceases to occupy the real estate object of
this Declaratory, and it is placed at the disposal of 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 real estate relative will continue subject to the regime of public
domain of the Federation.
FIFTH. - Publish this Declaratory in the Official Gazette of the Federation, so that it takes effect in
terms of what is provided by article 101, fraction III of the General Law of National Assets.
SIXTH. - Register this Declaratory as an act of legal certainty that certifies the federal
real estate nature with respect to the real estate object of it, both in the Public Registry of Federal Property
as well as 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 opposability before third parties.
T R A N S I T O R Y
SINGLE. - This Declaratory will enter into force the day after its publication in the Official Gazette of
the Federation.
Mexico City on the 06th day of the month of May of two thousand twenty-four.- General Director of
Administration of Federal Real Estate Assets, Gabriela Guerrero Aguilar.- Signature.
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