Order Nullifying the Declaration of Subject to the Federal Public Domain Regime Dated November 3, 2015 — SHCP — MX

DOF: 03/10/2024

ORDER nullifying the Declaration of Subject to the Federal Public Domain Regime dated November 3, 2015, published on November 30, 2015

A seal bearing the National Coat of Arms appears at the margin, which reads: United Mexican States.- TREASURY.- Ministry of Finance and Public Credit.- Institute of Administration and Appraisal of National Assets.

ORDER nullifying the Declaration of Subject to the Federal Public Domain Regime dated November 3, 2015, published in the Official Journal of the Federation on November 30, 2015.

Gabriela Guerrero Aguilar, General Director of Federal Real Estate Asset Administration 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 Article 27 of the Political Constitution of the United Mexican States; Articles 2, fraction I, 17, 26, and 31, fraction XXIX and XXX, of the Organic Law of the Federal Public Administration; Articles 2, 3, fraction VI, and 4 of the Law of the Official Journal of the Federation and Government Gazettes; Article 4, section G, fraction V, 48, and 49 of the Internal Regulations of the Ministry of Finance and Public Credit; Articles 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 Regulations of the Institute of Administration and Appraisal of National Assets; and First of the Delegatory Agreement, issued by the President of the Institute of Administration and Appraisal of National Assets, published in the Official Journal of the Federation on March 8, 2017; and

CONSIDERING

That on November 30, 2015, the Declaration of Subject to the Federal Public Domain Regime dated November 3, 2015, was published in the Official Journal of the Federation, which, according to the Considerations stated therein:

" ...

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 belongs originally to the Nation, which has had and has the right to transmit the ownership thereof to individuals, constituting private property, with the Nation having at all times the right to impose on private property the modalities dictated by public interest;

2.- That Article 2, fraction VII of the General Law of National Assets defines "Federal Real Estate" as the land of the Federation, with or without constructions, as well as those in which it exercises possession, control, or administration as owner; while fraction VIII of the same legislation defines "Federal and Parastatal Real Estate Assets" as the set of federal real estate and those owned by the entities;

3.- That for its part, Article 6, fraction VI of the General Law of National Assets provides that federal real estate destined in fact or by a legal instrument to a public service and real estate equated to them under this Law are subject to the Federal Public Domain Regime;

4.- That the Ministry of Agriculture, Livestock, Rural Development, Fisheries and Food has had possession, custody, surveillance, and use of the property named "San Miguel Enyeje", located at San Felipe del Progreso to Ixtlahuaca Highway, kilometer 22 without number, Community of San Miguel Enyeje, Postal Code 50740, Municipality of Ixtlahuaca, State of Mexico, with an area of 170,131.076 square meters, for the use of public services under its charge.

5.- That for this reason, said property is identified as a Federal property and is controlled in the Federal and Parastatal Real Estate Asset Inventory System, with Federal Real Estate Registry 15-08850-7.

6.- That in accordance with the above considerations, the property subject to this declaration is a Federal property that fits the scenario provided for in Article 6, fraction VI of the General Law of National Assets; therefore, on October 23, 2015, a notification was published in the Official Journal of the Federation informing of the start of the administrative procedure to issue this declaration of subject to the Federal Public Domain Regime in terms of Article 29, fraction IV, of the General Law of National Assets; and

7.- That on October 30, 2015, the legal term established to oppose the procedure cited in the previous consideration expired, so that since no opposition manifestation was received, or if received, the legal interest of the claimant was determined to be unproven; on behalf and in representation of the Ministry of Public Function, a dependency of the Federal Executive in charge of determining and conducting the real estate policy of the Federal Public Administration; as well as of declaring, when necessary, that a specific asset is subject to the Federal Public Domain Regime, as it is included in some of the provisions of this Law;

I have deemed it appropriate to issue the following:

DECLARATION

FIRST.- That the property described in considerations 4 and 5 of this document is subject to the Federal Public Domain Regime.

... "

That the Ejido Trusteeship of the Ejido of San Miguel Enyege, Municipality of Ixtlahuaca, State of Mexico, promoted the Amparo Trial 2002/2015-IV, before the Second District Court in Amparo and Federal Trials in the State of Mexico, regarding the Declaration of Subject to the Regime of Public Domain of the property named "San Miguel Enyeje" located at San Felipe del Progreso-Ixtlahuaca Highway, kilometer 22, without number, Community of San Miguel Enyeje, Postal Code 50740, Municipality of Ixtlahuaca, State of Mexico, with an area of 170,131.076 square meters, published in the Official Journal of the Federation on November 30, 2015.

That by Agreement dated June 27, 2023, received at the Contact Center of the Institute of Administration and Appraisal of National Assets on July 3, 2023, issued in the Amparo Trial 2002/2015-IV, the Second District Court in Amparo and Federal Trials in the State of Mexico, required the General Director of Federal Real Estate Asset Administration of the Institute of Administration and Appraisal of National Assets, in order to comply with what was ordered and to grant the right to be heard to the Ejido of San Miguel Enyege, regarding the Declaration of Subject to the Regime of Public Domain of the Federation of the property named "San Miguel Enyeje".

That by letter number DGAPIF/DIDI/STURI/DTI/1450/2023, dated July 14, 2023, signed by the General Director of Federal Real Estate Asset Administration of the Institute of Administration and Appraisal of National Assets, it was informed to the Ejido Trusteeship of the Ejido of San Miguel Enyege that 12:00 hours on July 27, 2023, were set for the representative of the ejido to appear in person or in writing at the facilities of the General Director of Federal Real Estate Asset Administration to make their statements regarding the Declaration of Subject to the Regime of Public Domain of the Federation of the property named "San Miguel Enyeje", and to provide the evidence they had in their possession and any new evidence that the Ejido of San Miguel Enyege could present.

That on July 27, 2023, the appearance of the Ejido Trusteeship of the Ejido of San Miguel Enyege took place, represented by Mr. Gonzalo Colin Reyes, in his capacity as Secretary; Felipe Hernández Mendoza, as Treasurer; Lucio Vicente Antonio as President; and Alberto Chavarría Muñoz, as authorized by the Ejido Trusteeship, regarding the Declaration of Subject to the Regime of Public Domain of the Federation of the property with Federal Real Estate Registry (R.F.I.) 15-08850-7, in which the statements made by the appearance representatives on behalf of the ejidal authorities were agreed upon as made, and with the aim of not leaving them in a state of defenselessness, a term of ten business days was granted in accordance with Article 48 of the Federal Administrative Procedure Law, counted from the day of its celebration, to present the necessary documentation and information.

That by document entered at the Contact Center of the Institute of Administration and Appraisal of National Assets on August 10, 2023, signed by the Secretary, the Treasurer, and the authorized representative in broad terms by the Ejidal Core, all of the Ejido Trusteeship of San Miguel Enyege, various documentary evidence was sent as proofs and requested that they be considered offered.

That by Agreement dated August 14, 2023, the proofs presented by the representatives of the Ejido San Miguel Enyege, Gonzalo Colín Reyes, Secretary of the Ejido Trusteeship, and Felipe Hernández Mendoza, Treasurer of the Ejido Trusteeship, were considered offered and received; likewise, an order was issued to the Real Estate Manager of the Ministry of Agriculture and Rural Development to state what proceeded regarding the possession of the property, and it was informed that once the corresponding response was received from said Ministry, the right of the opponent would be analyzed and determined.

That by letter number DIDI/STURI/DTI/1585/2023 of August 15, 2023, signed by the Director of Incorporation and Disincorporation of Real Estate, attached to the General Director of Federal Real Estate Asset Administration of the Institute of Administration and Appraisal of National Assets, it was informed to the General Directorate of Material Resources, Real Estate and Services of the Ministry of Agriculture and Rural Development, regarding the Agreement of June 27, 2023, issued in the Amparo Trial 2002/2015-IV before the Second District Court in Amparo and Federal Trials in the State of Mexico, and simple copies of the documents offered by the Ejido Trusteeship of the Ejido of San Miguel Enyege were sent, so that, within a term of 5 business days counted from the receipt of the letter, it would pronounce itself regarding the same, as well as the situation of the property and provide the evidence it had in its possession.

That by letter number 512.01.- 649-2023 of August 22, 2023, the Real Estate Administration Directorate attached to the General Directorate of Material Resources, Real Estate and Services of the Ministry of Agriculture and Rural Development, pronounced itself regarding the effects of the cited Amparo, as well as the situation of the property and provided the documents in its possession.

10.

That by Agreement dated September 12, 2023, a term of ten days was granted to the intervening parties, counted from the day following that in which the legal notification of the same took effect, in order that, if they deemed it convenient, within said term, they could formulate their arguments in writing.

11.

That by letter number 512.01.- 766-2023, dated September 28, 2023, the Real Estate Administration Directorate, attached to the General Directorate of Material Resources, Real Estate and Services of the Ministry of Agriculture and Rural Development, made known to the General Director of Federal Real Estate Asset Administration of the Institute of Administration and Appraisal of National Assets, the content of letter number 135.04.-725/2023, dated September 25, 2023, regarding the arguments made by the Office of Agricultural Representation in the State of Mexico, highlighting that the property with R.F.I. 15-8850-7 is unused by the Office of Representation in the Federative Entity of the State of Mexico, due to its deteriorated state and the situation presented with the local population, which was ratified by the General Director of Material Resources, Real Estate and Services and Real Estate Manager of that Dependency, by letter number 512.-0539-2023 of December 7, 2023.

12.

That by document of October 16, 2023, received at the Contact Center of the Institute of Administration and Appraisal of National Assets on the same date, Mr. Alberto Chavarría Muñoz, in his capacity as authorized by the ejidal trusteeship of the ejidal core of San Miguel Enyege, Municipality of Ixtlahuaca, State of Mexico, exposed the arguments he considered to assert before this Institute.

13.

That by Agreement dated December 15, 2023, it was resolved in compliance with the amparo judgment 2002/2015-IV, pronounced by the Second District Court in Amparo and Federal Trials in the State of Mexico, promoted by the Ejido of San Miguel Enyege, Municipality of Ixtlahuaca, State of Mexico, through its Ejido Trusteeship, to nullify the administrative act named Declaration of Subject to the Regime of Public Domain of the Federation, regarding the property named "San Miguel Enyeje", located at San Felipe del Progreso to Ixtlahuaca Highway, kilometer 22, without number, Community of San Miguel Enyeje, Postal Code 50740, Municipality of Ixtlahuaca, State of Mexico, published in the Official Journal of the Federation, on November 30, 2015, with an area of 170,131.76 square meters; likewise, it was resolved that the Ejido of San Miguel Enyege, Municipality of Ixtlahuaca, State of Mexico, through its Ejido Trusteeship, has better right of possession than that held by the Ministry of Agriculture and Rural Development, regarding the 11 hectares immersed in the property, named San Miguel Enyege, located at San Felipe del Progreso-Ixtlahuaca Highway, kilometer 22, without number, Community San Miguel Enyeje, Postal Code 50740, Municipality of Ixtlahuaca, State of Mexico, and considering that this Authority also does not have possession, custody, or surveillance of the fraction of land claimed by the complainant, the possession rights of the complainant regarding the 11 eleven hectares of land subject to the protective ruling are reserved; which establishes in its Resolutives First and Third, the following:

" ...

FIRST.

In compliance with the amparo judgment 2002/2015-IV, pronounced by the Second District Court in Amparo and Federal Trials in the State of Mexico, promoted by the Ejido of San Miguel Enyege Municipality of Ixtlahuaca, State of Mexico, through its Ejido Trusteeship, the administrative act named Declaration of Subject to the Regime of Public Domain of the Federation is nullified, regarding the property denominated "San Miguel Enyeje", located at located at San Felipe del Progreso to Ixtlahuaca Highway, kilometer 22, without number, Community of San Miguel Enyeje, Postal Code 50740, Municipality of Ixtlahuaca, State of Mexico, published in the Official Journal of the Federation, on the thirtieth of November of two thousand fifteen, with an area of 170,131.76 one hundred seventy thousand one hundred thirty one meters with seventy-six centimeters square, which has identity with the property of 11 eleven hectares, referred to in the possession and boundary act relative to the allocation of ejidos to the village of San Miguel Enyege of the municipality and Ex-district of Ixtlahuaca, State of Mexico, which the complainant claimed.

( ... )

THIRD.

At the appropriate procedural moment, send for publication in the Official Journal of the Federation the Order by which the Declaration of Subject to the Regime of Public Domain of the Federation is nullified, regarding the property named "San Miguel Enyeje", located at highway San Felipe del Progreso-Ixtlahuaca, kilometer 22, without number, Community San Miguel Enyeje, Postal Code 50740, Municipality of Ixtlahuaca, State of Mexico, with an area of 170,131.76 one hundred seventy thousand one hundred thirty one meters with seventy-six centimeters square, with the Federal Real Estate Registry 15-08850-7, published in the Official Journal of the Federation on November 30, 2015, and having done the above, send for registration to the Public Registry of Federal Property " .

... "

14.

That based on the study and analysis of the documentary background in the Federal and Parastatal Real Estate Information System, as well as the motivation presented that supports this, and in order to comply with Resolutive THIRD of the Agreement of December 15, 2023, I have deemed it appropriate to issue the following:

ORDER

FIRST.- The Declaration of Subject to the Federal Public Domain Regime dated November 3, 2015, is nullified, regarding the property with Federal Real Estate Registry 15-08850-7, named "San Miguel Enyeje", located at San Felipe del Progreso to Ixtlahuaca Highway, Kilometer 22 without number, Community of San Miguel Enyeje, Postal Code 50740, Municipality of Ixtlahuaca, State of Mexico, with an area of 170,131.076 square meters, published in the Official Journal of the Federation on November 30, 2015.

SECOND.- This Order shall be published in the Official Journal of the Federation, to take effect in terms of what is provided for in Article 101, fraction X of the General Law of National Assets.

THIRD.- Register this Order as an act of legal certainty that the cited Declaration of Subject to the Regime of Public Domain of the Federation has been nullified, regarding the property subject to it, in the Federal Public Property Registry, in accordance with what is provided for in Articles 42, fraction XXVI, and 48 of the General Law of National Assets, for purposes of publicity and opposability against third parties.

TRANSITIONAL

UNIQUE. -

This Order shall enter into force the day after its publication in the Official Journal of the Federation.

Mexico City, on the 25th day of September 2024. - General Director of Federal Real Estate Asset Administration, Gabriela Guerrero Aguilar. - Rubric.

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