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ramuma53
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[*] posted on 1-24-2011 at 07:22 PM


Mark
Yes I know, but our authorities are to blame for this one, they make things so difficult, that difficulties pile up and nobody wants to do things the right way.
This make buying property in some of Mexico´s Estates very difficult, if not impossible, like Baja Norte and a little less Baja South, but most of Mexico Estates have the property ownership well established and that make easy to buy and sell property, but in Baja Norte, in 1992, when the PAN party took the estate, they made of property stealing a way of getting funds for the party and made a mess of the public registry in Baja Norte.
In 1992 Governor Ruffo took the Estate and his cousin started Punta Banda making deals with an ejido, you know the Punta Banda embarrassment for Mexico and Pan party is about to go out of power everywhere.
That year or 1992, I sent a report to the Federal government, about the Tijuana Ensenada coastal strip land ownership problem, and they knowing that that strip was very important for tourism, immediately sent a National Land office commission, to correct the problems and make the property ownership less cucumber some and dangerous, they sent a 5 person team expecting to get a few files a month, but they got 6000 the first month, they informed Mexico city and expected urgent help, reporting my report true and a chaos in the land ownership, because most of the land was still National Land and almost everybody was a squatter including the Rosarito town leaders like Hugo Torres Chavert, who where basing they supposed property in titles declared nil by the Constitution.
Instead of help, Governor Ruffo asked the Mexico President Salinas to take out that commission, because he had land on the coast, that they claimed was national Land; The president knowing that Ruffo was the first Pan and non PRI Governor, just took off the commission and land ownership froze in Baja Norte with the actual situation erupting, letting him hang himself and his party and at the same time punishing the first estate who voted PRI out of power.
Governor Ruffo was trying to avoid paying to the nation for his illegally acquired land and put the whole estate in jeopardy, jeopardy that turned in to real danger and damage today.
Pan will certainly lose power in the Estate in 3 years more, but we start to see signs that the government want to correct the problem and recognize that almost all the Tijuana to Ensenada coastal strip is National Land and now ask for that commission that started work in 1992 to finish their job.
That will make easy and safe to buy land in Baja north.
Until then, I can only warn you and tell you how to avoid the dangers, it is possible, but you have to know how, also remember that when you have a knowhow and things are difficult, that open a door of opportunity for the one who know.
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[*] posted on 1-24-2011 at 08:14 PM


Quote:
Originally posted by ramuma53
...but in Baja Norte, in 1992, when the PAN party took the estate, they made of property stealing a way of getting funds for the party and made a mess of the public registry in Baja Norte.


I am really glad you brought that up Rafael. There are some RE agents right now selling property here in the San Quintin area, waving copies of title from the public registry to ¨prove¨ their legal ownership, including promises that same properties qualify for title insurance.

I know for a fact that some of those same properties just happen to be caught up in the national land dispute you have explained with one big case that has now been ruled in favor of the national land point of view (for the third time), the latest decision rendered by the highest court of Mexico. The proverbial caca will be hitting the fan here shortly on that one.

This is a great thread and I am really glad that you have taken the time to share your expertise...




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[*] posted on 1-25-2011 at 09:13 PM


----- Original Message -----
From: William J. Casey, Jr.
To: director@munoz-industries.com
Sent: Tuesday, January 25, 2011 12:31 PM
Subject: Please call me at 686.577.6228 or in U.S. at 408.868.4992


We are a group of 200+ “buyers” of real estate that have been defrauded in San Felipe.

You can see the story written by ZETA on 2JAN2011.

We are trying to work with the new Mexicali Major “Pancho” Tejeda, but it seems like he will do nothing to help us.

We have forums on Facebook, Yahoo Groups and EONS.

Maybe we could work together to get action on the rampant developer and government corruption in Baja California.

www.sanfelipedevelopments.com

http://www.zetatijuana.com/html/EdicionActual/Reportajez_Mil...

The zeta article is not visible at the URL you sent me, but I will look for it, thank you.

Regarding that problem, you are right, even if the new majors are PRI party now, I do not expect them to start correcting a problem that started when Governor Ruffo started.

I do not know what legal avenues are you taking, but if you let me know, I will certainly advise you on the exact legal way you will need to acquire legal land status and that mean legal title that will stand in time.

I know about the land property problem in that area, since most of that area is national land but with titles issued in several ways, so please send me the exact problems and I will be able to send you the exact title concerning that site, because that area is known as El Moreno and there are a lot of titles with 100 Has. each, I am sending you one of those titles to see if we are talking about the same area.

There are several options depending on your exact information:

1.- You problem arises from a lack of a National land title

Then you are in a Federal Fraud against the nation a against you of course, but the main player would be the federal government and you the help, but in that case you can ask for your money back, as a compensation, name a Mexican national representative and holding your absolute confidence, sign contracts with him and make him claim that property to the National Land office, it takes time and follow procedures, but you will end up with a legal ownership through a fideicomiso if you are foreigner or direct ownership if you are a Mexican national, also you must know that if your lot is near the sea, the price you will pay to the nation will be about USD$100.00 dlls/m2.

2.- Your problem arises from the existence of a national title but lack of development permits and that mean lack of F1, F2, F3 and F4 permits, the last one signed by the governor.

That mean you are going to follow the Estate law and common criminal case as Fraude Equiparado against the developer, who would be responsible for fraud and must return your investment plus damages; that is the law, but if the guy know what he is doing, he can extend that for 10 years until you all forget about him, unless you press hard on the international press.

Hope this will help you but this is as much as I can help with the information you give me.

Ing. & Lic. Rafael Muñoz Martinez
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[*] posted on 1-25-2011 at 09:21 PM


BajaGringo
If the title they are showing, is the national Land title, known as the Orendain title that cover most of San Quintin town but not the coastal area, you may have hope, but if not, you will certainly will be over National land, that may have been a Colony and have colonial titles, that at this time, are worthless, the titles may say on them, Property title, but if you see the fine print, you will find ¨issued under the Colony Law¨or Ley de Colonias and if you find that law you will see why those titles are worthless, they also disapeared in 1994 and few that were exploited acording to the law, were exchanged by National land titles, with full property rights so, the colonial titles that exist now, even if registered as private property, are worthless and the only way to acquire real ownership would be to obtain a National Land title based on posession only.
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[*] posted on 1-26-2011 at 09:53 AM


From: William J. Casey, Jr.
To: 'Rafael Munoz'
Sent: Wednesday, January 26, 2011 12:36 AM
Subject: RE: Please call me at or in U.S. at

The Baja Property owners cooperative is made up of fraud victims from over 17 developments in and around San Felipe.

Attached please find one “title” for one such development: Vista Bella

Like most other frauds in san felipe, this “developer” took money and did not deliver individual titles or the utilities or roads, and He is not working to get the f4.
---------------------------------------------------------------------------------------

Mr. William Casey

If they received money, before having the F4 permit that include the governor signature, with title or without it, it is called FRAUDE EQUIPARADO and has a 6 to 12 years criminal penalty in Baja California.

This felony is committed by any person who make any kind of development (roads, services etc.) before the F4 permit.

The F4 permit, is the definitive land development authorization issued by the Estate government, signed by the Estate governor, authorizing the definitive shape the development will hold, assuring the future buyers that there will be no future changes in urban design, including green areas and donation to the government that total about 10% of the saleable area;defining the roads and services authorization by each of the services providers, water, sewage disposal and electricity with also the Estate land usage permit and Federal environmental permit; all those have to be issued before the F4; meaning that when you have F4, you are in developer´s heaven and if not, you are in developer´s hell and maybe in jail.

To get the F4, may take years or never, while you legally are liable for Fraude Equiparado, if you even try to sell, or make development works, in any way before you have F4, liable for 6 to 12 years in jail penalty.

This is designed to protect the buyer from urban or lot changes or buying in a place that does not have all the qualities for urban development and that may be your case.

I think that, they may be lacking legal title or federal enviromental permit and in consequence, the F4 permit has not been issued while may never be and they are in between a rock and a hard place with you, because they cannot give you legal title or development acts (roads or services), because if they do it, they would be instantly liable for criminal acts and they prefer to deal with you instead of the Estate government.

I know part of that area, has been rendered Biosphere reserve and in consequence, not usable for development and that may be the problem for the issuing of the F4 permit, but that does not change the fact that you are the victim in a Fraude Equiparado, a common law criminal act, but if you put on the table, the National Land factor and the Biosphere reserve prohibition, you may well be, also before some Federal crimes.

I think that the best way of action for your group is to file individual criminal charges, but keep them together, because you should know that in Mexico there are no class actions and criminal or civil charges must be filled by each person, because any ruling will benefit only the ruled party.

I expect you to have very little help from the Estate authorities and some from the city authorities, but this case should be under Estate jurisdiction and or Federal Jurisdiction and in both cases they may be in bed with the developers while the City official may not.

Concerning attorneys, I would consider getting a Mexico city law firm without ties to Baja California and using the fact that you have federal crimes involved, use the Mexcio city judges and police to investigate the case with help form the American embasy.

Also, as you are Foreigners, you should be protected by Fideicomisos and that mean that the bank is the one that should be the legally interested party, because they are the ones who will have to give you back your money in case of the fideicomiso default.

If you are not under a fideicomiso, you are in deep troubles but that mean we will have to find other ways and believe me, there are a lot of ways.

Ing. & Lic. Rafael Muñoz Martinez

[Edited on 1-26-2011 by ramuma53]
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[*] posted on 1-26-2011 at 10:44 AM


From: William J. Casey, Jr.
To: 'Rafael Munoz'
Sent: Wednesday, January 26, 2011 11:09 AM
Subject: RE: Please call me at 686.577.6228 or in U.S. at 408.868.4992


At the Mexicali Urban Department under the previous Municipal Presidente, (2) administrators (Magana and Sanchez) were known to be corrupt. They did not stop the 17+ developers from selling without permits.

Some of the failed “developments” are in the biosphere, but this has not stopped urbanization from issuing F4s in this area (El Dorado Ranch and Playa De Oro for example).

We have filed 50++ complaints with PROFECO, but they have done nothing to help. We worked with both PROFECO-Mexicali and PROFECO-Mexico City.


The problem is that the PGJE and the court system in San Felipe is also known to be corrupt. Several of our members have won their case, their appeal and also the Supreme Court challenge… yet the judge NEVER has awarded any of them with clear title to the land they paid for!

So:

· Feds have done nothing (we have even been in contact with the Mexican Ambassador in D.C.)

· BC state has done nothing (we worked with the Director of the BC Tourism for several months with no success), and

· Mexicali has done nothing

The person that the Urban Administration has “put in charge” of the San Felipe land scams is now Monica Perez. Monica is the niece of Ascolani (Mayor Pancho Tejada’s #1 advisor) and is also believed to have been the secretary for Miguel Sanchez, who was #2 at Mexicali Urban Administration when all the frauds were allowed to happen due to lax enforcement of all municipal regulations.

Unless we get the government to crack down, the crooked “developers” will continue their fraud.

We will be ramping up our campaign to involve our contacts in the U.S. Congress and the press.

We should talk.
-----------------------------------------------------------------
Mr. Casey
I know Magana and definitively he is corrupt and of course, that was their business, allowing illegal developments and making it difficult for land developers to get the F4, so they would have to pay them for it, big amounts and even a few development blocks.

PROFECO has only recommendation powers, will not solve anything by itself but it is possible it may help.



Criminal charges will never get you clear title, only prosecute the developer; you only hope may be to recover your money through your fideicomiso.



The North Baja PGJE is not only corrupt like few in the world, it depends on the Estate District attorney who may very well re define the word corruption and will remain so while the PAN is in power, because they protect their officers against all law or logic.

The supreme court in Baja is known as the Persian Market, that mean, you will have to pay for a ruling and the problem is not only that it is corruption, it is a biding market, if the developer bids more than you, they get the ruling and against that ruling there are no legal recourses.



The whole system is corrupt and designed that way to protect criminal who pay and that is the real enemy, that is why Baja is being reported all over the world as a none fit place to buy.



The only way I have found to go around them is to use Mexico city courts using federal law and I do not mean that Mexico city courts are honesty examples, only it is a lot more difficult for the developers to buy them all and at the same time their influence is low, while corruptions is less expensive.



That is why I advise you to use a well known Mexico city law firm to put all the cases together and on different courts while using the embassy and press, believe me, that will put them in jeopardy while in Baja they are secured by the system they know corrupt and under their spell.



Mr. Casey, I would be happy to talk to you on the phone at any time, I am in Mexico city, my cell phone is 554 373 8603 and in the past I have advised the USA Embassy and Baja Consulate, concerning this kind of problems like Punta Banda, but by experience I prefer the email for bulk communications, because it will be useful for you to have all this in writing.



I can also help you by referring you to professionals who are corruption proof and have been fighting this system for 20 years and wining, because you should know that Baja’s attorneys are also very adept to making deals between them and very ignorant about National land issues.

I use Mexico´s law firms to handle all my cases in both Bajas, it cost me in traveling expenses, but not as much as to lose cases because corruption among attorneys.



Ing. & Lic. Rafael Muñoz Martinez

[Edited on 1-26-2011 by ramuma53]
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[*] posted on 1-26-2011 at 11:26 AM


Quote:
Originally posted by ramuma53
BajaGringo
If the title they are showing, is the national Land title, known as the Orendain title that cover most of San Quintin town but not the coastal area, you may have hope, but if not, you will certainly will be over National land, that may have been a Colony and have colonial titles, that at this time, are worthless, the titles may say on them, Property title, but if you see the fine print, you will find ¨issued under the Colony Law¨or Ley de Colonias and if you find that law you will see why those titles are worthless, they also disapeared in 1994 and few that were exploited acording to the law, were exchanged by National land titles, with full property rights so, the colonial titles that exist now, even if registered as private property, are worthless and the only way to acquire real ownership would be to obtain a National Land title based on posession only.


Thanks Rafael - I did buy in the coastal area but not from Orendain. I did my homework and researched the area before spending any money, discovering the very problem of the land dispute concerning terrenos nacionales. In fact I was able to obtain a copy of the document which would be the equivalent to the federal register, where the Mexican federal government proclaims these coastal areas to be terrenos nacionales.

I bought from someone who had a land title that originated from the federal government and listed as terreno nacional, not colonial. I also checked it out with a trusted attorney who is very aware of the problem over terreno nacional and got his OK before moving forward.

Thanks again for this thread - very good information...




[Edited on 1-27-2011 by BajaGringo]
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[*] posted on 1-26-2011 at 09:53 PM


Bajagringo
my respects for you, I wish every American were as carefull as you were when they buy property in Mexico, specially in Baja, but I have found that they suspend logic and some times, intelligence, just assuming that everything in Mexico is crooked naturally and then allowing the most buizarre things to happen in front of them.
I think you should be their advisor.
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[*] posted on 1-26-2011 at 09:55 PM


Quote:
Originally posted by ramuma53
Bajagringo
my respects for you, I wish every American were as carefull as you were when they buy property in Mexico, specially in Baja, but I have found that they suspend logic and some times, intelligence, just assuming that everything in Mexico is crooked naturally and then allowing the most buizarre things to happen in front of them.
I think you should be their advisor.

He has helped a few of us already. :yes:




\"The only thing necessary for the triumph of evil is for good men to do nothing\"
1961- JFK to Canadian parliament (Edmund Burke)
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[*] posted on 1-27-2011 at 11:15 AM
Rafael


you had mentioned here in an earlier post about San Felipe. and you mentioned El Dorado Ranch properties, can you expand a little more about this, we have some very good friends of ours that has owned property there for years , several years ago they were offered the opportunity to get title for there property which they did, I believe the developer is a Canadian named Pat Butler
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[*] posted on 1-27-2011 at 07:43 PM


The only title, you as foreigners can have on the forbiden by the Constiotution strips is through a Fideicomiso, there is no other legal way.
North of San Felipe, there are a lot of national Titles in an area named El Moreno, but that strip has been declared as biosphere reserve and the Estate is witholding any construction permit until that matter is cleared, but they are taking years to do it and in the mean while, they do not let the developers give legal title or make development works.
We hope that will change soon, but you never know.
El Dorado Ranch is south of that area and has a national land as precedent, the owner has been trying for years to finish his development legally, but it looks like he has a lot of problems doing it.
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[*] posted on 1-27-2011 at 09:45 PM


La Verdadera Historia de Rosarito
Since we want to learn from other people experience, instead of committing the same mistakes, I will let you know, the True Rosarito Story published by me, on the ABC newspaper and please let me tell you, that every single fact, I mention here, is backed up, by legal documents, that have been tested and sustained already in Federal courts.

Around 1810, there was a Penal colony in San Diego California Mexico and the guys who guarded it, were called the LEATHER JACKETS, whose Captain was a fellow named Don Juan Machado, who made such a good work and impressed so much the territory Governor, that in 1825 the Governor Jose Maria Echendia, gave him for his services, 2 big cattle sites that had about 19,311.61 Hectares in El Rosario, now Rosarito Beach.
As you know, in 1848 California changed from being Mexico to part of the USA and people born in San Diego, was given the chance to say what country they wanted to belong, Mexico or USA and Don Juan Machado with his family became USA citizens.
In 1863, the national Land law, was issued by Mexico´s President Benito Juarez, you can consult that law in a book named ¨5 siglos de Legislacion Agraria de Manuel Fabila ¨ From that law:
Article 2 say, that it was forbidden to any of Mexico´s authorities to give away or sell National Land, specially the Estates governors also that it was forbidden to any person to own more than 2,500 Hectares, also that it was forbidden to any foreigner and Mexican not living in Mexico, to own any property in Mexico.
Article 10 say, that if the person who claimed National Land, did not make use of the land by putting on the land, at least 1 person for each 10 hectares, the title will become void.
Article 27 say, any violation to any article of this law rendered the title void and inexistent.
Then Benito Juarez died, the Second Empire Raised and fell and President Porfirio Dias took power in 1876, ending the chaos and starting the civil government in Mexico.
In 1878, the son of Don Juan Machado, Joaquin Machado Valdez, knowing that his father title was void, claimed the El Rosario Ranch with 19,311 hectares from National Land office, in 1879 the title was issued by the President Porfirio Diaz and the title registered in 1885.
In 1889, a delegate was sent to Rancho El Rosarito owned by Joaquin Machado Valdez, brothers and co proprietors, to check if they had complied with the law, having at least 1 person for each 10 hectares, or at least 1,931 people, they failed for 500 people bringing even children and the failure to complain with the law documented officially.
In 1894, President Porfirio Diaz, issued a new National Land law (Ley de Terrenos Nacionales de Don Wistano Luis Orozco), allowing people to own more than 2,500 hectares of land, but in the exceptions to the law chapter, he say, that you can own as much land you needed, but not more than the amount of land allowed by the Benito Juarez 1863 law.
President Porfirio Diaz did this, to make a joke of a deal, he had made with American companies that were given ½ of the land, they surveyed in Baja California, named Compañias Deslindadoras; the American companies, went ahead and surveyed the whole Baja, expecting to own ½ Baja, but the law didn´t allow them to own more than the 2500 hectares limit, but they didn’t know it and measured the whole Estate, only latter knew of the law prohibition, but by then the Federal government had already the survey works.
In 1910 Mexican Revolution erupted, Civil war everywhere, to try to overthrow the dictator Porfirio Diaz, who had governed Mexico then for 34 years, war went over for 5 years, up to 1915.
In 1915 Porfirio Diaz was almost finished and had to go to France in disgrace and without money.
Then, everybody was commenting that the land limit will remain like in 1863, no more than 2,500 hectares will be allowed and the word went all the way to San Francisco California, where the Machado Family lived away from war, as American citizens.
Joaquin Machado had died as American citizen and is buried that way in California USA.
The then Machado family composed of 11 of Don Joaquin Machado Valdez sons and daughters started to sell the Racho El Rosarito 19,311 Has. In San Francisco, through the Mexican Consul there; they sold it to a Mexican company born in 1915 in Mexicali B.C. named ¨Compañia Explotadora de la Baja California¨whose main stock holder, holding 99.8% of the company stock was a Canada Born person named Danzinger, the 2/10 % was owned by 2 Mexicans and one of them lived in San Diego California, I should add, that they never got a permit to own stock in a Mexican company.
The sales are registered in the number one of Tijuana Public Registry´s book, scriptures number 1 through 19.
In 1916, The named President Carranza, having finished the Revolucion and having overthrown the Dictator Porfirio Diaz, published a presidential decree (Official newspaper May 7, 1917) declaring that all the Baja California Lands, that were in foreigners hands, returned to the national Land dominium and property, like the Hartford Connecticut company, making an example of that company.
In 1917, the new constitution was published by The Mexico´s President Don Venustiano Carranza, and it´s 27 article, it say that all the titles issued between 1876 and 1917 were subjected to revision by the national land office to avoid validate any title that violated the 1863 law.
Knowing that he had just lost all the just acquired land, the Canadian owner of Rancho El Rosarito promptly gave away the El Rosarito Ranch, to his wife, named Daisy Moreno, an Spanish actress, expecting, that nobody will notice she was not a Mexican, with the name being similar to a Mexican name.
As you see, The Rancho El Rosarito´s area violate the 1863 law, making it, and object outside of the law, not fit to be given away by any authority.
The 1894 law, did not validated that sale, and that mean, that the Joaquin Machado Valdez was inexistent, according to the 1863 law article 27 and inexistence in those years, was the fact that the legal act, affected by it, never started to exist, in other words, the Joaquin Machado Valdez title, never started to exist, also, if it ever existed, by violation of the article 10 of the same law, it suffered again of in existence. Simply, there is no way to argue, that that title exist or have any legal effect, after that, but if something else were needed, when the Machado family sold the land to a foreign owned company, it came under the effect of the Venustiano Carranza decree, returning those lands to the National Property, if we want to speculate that at any time, it came out.
I should mention, that when I exposed this information to the COPLADEN official meeting in Tijuana´s Presidential palace, being present at that meeting, the Tijuana Major Hector Osuna (Now Senator) and all of the Tijuana public notaries, one of them, argued that the May 7, 1917 decree was not legitimate, because it was not issued by an elected President; remembering that Venustiano Carranza was named, not elected and under that light, all of the Venustiano Carranza´s acts, would be voided also, but then, I counter argued, that if that was the case, then being all of the Venustiano Carranzas legal acts, voided, then if he was the President that by his act, put in effect the Mexico´s actual constitution, then Mexico would not have an acting Constitution and no law was in effect in Mexico at that time; being that an absurd, everybody accepted the 1917 decree as legal and in effect.
This lecture was also issued at the Tijuana´s Commerce Chamber the next year by me, to all of the public officials and Real Estate agents and public notaries, so nobody can claim not knowing.

[Edited on 1-28-2011 by ramuma53]

[Edited on 1-30-2011 by ramuma53]
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[*] posted on 1-27-2011 at 10:18 PM


Thanks for the history lesson, lots of hard work done... thanks for sharing... it all helps...



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[*] posted on 1-31-2011 at 09:49 AM


I am writing the Second part, from 1917 to 1994 history, in couple of days I will post it.
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[*] posted on 1-31-2011 at 10:26 PM


Wooosh
I would not want to see you in legal trouble.
Concession rights are just that a consession to use the land on the activity you asked permission to do, it does not mean you can forbid anybody else to cross or to use the land on any other use you are not concessioned to use it, It mean you are the only one allowed to use it that way, it does not mean any other people can not use it in another way, remember that after all you are in public property.
That mean you can not forbid anybody else to cross or use it in any other way different than the one you have.
It is against the law to fence Federal Zone or forbid anybody else to cross the Federal Zone, it is not like private property, it is Public property where you are allowed to use it in a certain way only.
So Fence it or forbid anybody to enter it is against Federal law and they will certainly prosecute for it.
I recommend you to just enjoy the Federal zone and forget about that lady and if she break the law, just throw the book at her, but do not allow her to do it at you.
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[*] posted on 2-1-2011 at 12:08 AM


Quote:
Originally posted by ramuma53
Wooosh
I would not want to see you in legal trouble.
Concession rights are just that a consession to use the land on the activity you asked permission to do, it does not mean you can forbid anybody else to cross or to use the land on any other use you are not concessioned to use it, It mean you are the only one allowed to use it that way, it does not mean any other people can not use it in another way, remember that after all you are in public property.
That mean you can not forbid anybody else to cross or use it in any other way different than the one you have.
It is against the law to fence Federal Zone or forbid anybody else to cross the Federal Zone, it is not like private property, it is Public property where you are allowed to use it in a certain way only.
So Fence it or forbid anybody to enter it is against Federal law and they will certainly prosecute for it.
I recommend you to just enjoy the Federal zone and forget about that lady and if she break the law, just throw the book at her, but do not allow her to do it at you.

Thanks. You are absolutely correct. We did not fence any part of the concession. A squatter claimed part of it, made unpermitted repairs to a previously condemned structure, and put that white metal fence around it. She claims it is private property and is also claiming ownership of the lot next to it that we created he disabled access on. (Both are in the concession are we hold title to). We only want the concession land to be clean , safe, free and accessible to everyone. That's the whole point. We are careful not to touch the fence she claims is her personal property and we repair the damage she does painting-over the concession and disabled access signs. She has listed the property for sale (yes, our concession). She is a piece of work with no shame.

We are definitely taking the high road. We have been documenting everything, making videos, writing letters. Shortl;y after the video. PROFEPA, SEMARNAT and the PGR all confirmed receipt of our complaint. The PGJE did file charges against Otila Ortiz Maldonao for the violence you saw in the video- we do not know the Judicios outcome. So it's step by step and for us and be patient- and let her continue to make all the mistakes. We think this case is actually moving quite fast for Mexico.

Our next step is to work with the Palacio of Rosarito to make protecting this beach important to them. In a nice way we want them to know: we have the valid federal title to the area, we intend to enforce the title and protect the beach for their people, and as American Ex-pats would appreciate their not interfering on the squatters' behalf. A squatter/land bandito should not be able to improve and occupy a structure on an ambiental concession, and residential use does not meet the terms of the concession. The person occupying the concession is not the person required to in the title. The title holder pays the annual taxes and fees, no the squatter. The squatter i currently offering this federal concession area for sale. The city should also refrain from offering city services/water/CFE to an illegal structure such as this.

If the city of Rosarito enables people to build on the beach in front of existing oceanfront homes/condos, on beach that is already in a federal concession for protection the homeowners hold title to- it'll be the another black eye for Rosarito real estate. When is oceanfront... oceanfront?

So I hold the course, slow and steady... right?

[Edited on 2-1-2011 by Woooosh]




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ramuma53
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[*] posted on 2-1-2011 at 08:37 AM


Mexican justice is a little slow and need pushing, but sooner or latter it will fall like a ton of bricks on her head.
The help needed is that when you make a complain, make it with copy to every authority related to the problem and if needed to the ¨Oficina de atencion a la ciudadania de la Presidencia de la Republica¨ we say, it is not what you say but to who you say it; then every authority you sent copy, ask the authority for an official report and it is very difficult for them to just accept corruption money.
So Complain legally every time she make a mistake and do it again and again with copy to everybody and soon it will form a paper wave that will wash her away.
Also do not make mistakes yourself, just trust the legal system and it will work, not easy but will work.
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[*] posted on 2-1-2011 at 10:28 AM


Quote:
Originally posted by ramuma53
Mexican justice is a little slow and need pushing, but sooner or latter it will fall like a ton of bricks on her head.
The help needed is that when you make a complain, make it with copy to every authority related to the problem and if needed to the ¨Oficina de atencion a la ciudadania de la Presidencia de la Republica¨ we say, it is not what you say but to who you say it; then every authority you sent copy, ask the authority for an official report and it is very difficult for them to just accept corruption money.
So Complain legally every time she make a mistake and do it again and again with copy to everybody and soon it will form a paper wave that will wash her away.
Also do not make mistakes yourself, just trust the legal system and it will work, not easy but will work.


We will continue to follow your sage advice. Thanks




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[*] posted on 2-2-2011 at 10:58 AM


Yesterday we visited the FRAO office in Rosarito to begin phase two of our efforts to clear the section of the beach we hold title to of a pesky squatter. The FRAO office is just inside the the atrium, but is only open mornings. We sent an e-mail in advance of our visit so they were up-to-speed on our situation. Senor Camacho of FRAO made a quick call to the correct person in the new Robles administration and then personally walked us over to introduce us to him. The person we met with is the "Recaudacion Zona Federal" for Rosarito. It's time to pay our 9680 pesos for it (880m/2 times 11 pesos per meter) and we let them know we aren't thrilled paying this much for land every year for public land we hold title to, but can't access. After taking it all in- he said we had come to exactly the right person (him) to help us get the squatter off. He said he would send a demand letter to the squatter to get off the concession and to stop her efforts to sell it. He asked for our e-mail and said he would copy us on the letter which would go out this week. A volunteer at FRAO took me aside and asked why I didn't make this an ex-pat land issue to get more attention and we told him for now we wanted to keep this Mexican to Mexican and not embarrass anyone. We would prefer to partner with Rosarito to protect the beach for their people- not fight them. They liked that answer. So for now anyway, are encouraged and we'll see how the new administration does this.



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[*] posted on 2-2-2011 at 11:20 AM


Sounds good Woooosh... this will be interesting to follow...

Like your move on working through the situation .... using the Agency and leaving off the lawyers... sometimes a conversation, moves along with Agency much better without the aid of an attorney present and directly involved... IMHO




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