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fishbuck
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Please sign this petition
Click to view this email in a browser
Hi Michael (Fishbuck)
Terra Peninsular has achieved great things in favor of the conservation and protection of the ecosystems in Baja California. When we were told it
wasn’t possible, we persisted and kept going.
Please allow me to congratulate you for this, because you too are Terra Peninsular. Your continuous support has made us stronger and has made possible
the protection of over 54,300 acres of magnificent landscapes and unique ecosystems in the world. Thank you!
Currently, our conservation project is threatened, but I want you to know that we are fighting and we will not stop until we succeed.
On October 9, 2017 a news story was published in the program Despierta con Carlos Loret de Mola about the legal situation of Terra Peninsular,
concerning the issuance of 10 illegal property titles over the land where two nature reserves are located. These areas are protected and managed by
Terra Peninsular in San Quintín, Baja California.
As a response, that same day we sent out a press release to clarify the following:
• The Secretariat of Agrarian, Territorial and Urban Development (Sedatu in Spanish) illegally issued 10 property titles to 9 people, these titles
were signed by the Secretary of Sedatu, Rosario Robles Berlanga, in November 2015.
• In May 2016 we found out that these illegal titles existed and since then we have been involved in a legal process.
• As part of our strategy, we submitted an amparo (a legal proceeding for the protection of constitutional rights in Mexico), a civil lawsuit and a
criminal complaint against Rosario Robles Berlanga, the director of Sedatu, and against the individuals responsible.
The Punta Mazo and Monte Ceniza nature reserves were purchased by Terra Peninsular in 2011 and 2015 respectively. Subsequently, both were certified
as Areas Voluntarily Destined for Conservation by the National Commission of Natural Protected Areas.
We have all the necessary evidence to prove that the land where the two nature reserves are located was purchased by Terra Peninsular according to the
legal processes and with the only intention of fulfilling our mission to conserve and protect the ecosystems that represent a natural and cultural
heritage for Mexico and the world.
As a result and concerned for what could happen to the conservation project in San Quintín, we request your support to sign a petition, as
individuals or organization. We will send this petition to the President of Mexico, Enrique Peña Nieto; the Secretary of Agrarian, Territorial and
Urban Development, Rosario Robles Berlanga; and the Secretary of Environment and Natural Resources, Rafael Pacchiano Alamán.
We intend the authorities to revoke the illegal property titles and to recognize Terra Peninsular as the legit and only owner of the lands. Our number
one priority is to restore the conservation project in the nature reserves, so that they continue as a natural heritage of Baja California, Mexico,
and the world.
HOW CAN YOU HELP?
To be part of this petition, please send us an email to info@terrapeninsular.org and in the subject of the email add “I JOIN THE PETITION”, and
include in the body of the email the name (s) of the individuals or organization. We will add the names on the petition, and we will also send a press
release.
The deadline to sign the petition is Friday, October 20.
We deeply appreciate if you could share this information with the organizations and people you consider to join this petition and speed up the
process.
Thank you all for your support!
Sincerely,
César Guerrero
Executive Director of Terra Peninsular
Nobody can change the world without friends.
Follow us on:
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About us | What we do? | Protected areas | Give | Photos
Any questions or comments?
Please contact us at info@terrapeninsular.org
Be part of our fundraising campaign!
Terra Peninsular A.C.
Calle Tercera 1282, Zona Centro
Ensenada, Baja California 22800
México
"A ship in harbor is safe, but that is not what ships are built for." J. A. Shedd.
A clever person solves a problem. A wise person avoids it. – Albert Einstein
"Life's a Beach... and then you Fly!" Fishbuck
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fishbuck
Banned
Posts: 5318
Registered: 8-31-2006
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info@terrapeninsular.org
Subject line
"I JOIN THE PETITION"
[Edited on 10-18-2017 by fishbuck]
"A ship in harbor is safe, but that is not what ships are built for." J. A. Shedd.
A clever person solves a problem. A wise person avoids it. – Albert Einstein
"Life's a Beach... and then you Fly!" Fishbuck
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fishbuck
Banned
Posts: 5318
Registered: 8-31-2006
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The TV show that drove the petition
http://noticieros.televisa.com/videos/gobierno-federal-vende...
"A ship in harbor is safe, but that is not what ships are built for." J. A. Shedd.
A clever person solves a problem. A wise person avoids it. – Albert Einstein
"Life's a Beach... and then you Fly!" Fishbuck
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fishbuck
Banned
Posts: 5318
Registered: 8-31-2006
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https://www.flickr.com/photos/terrapeninsular/23788441128/in...
"A ship in harbor is safe, but that is not what ships are built for." J. A. Shedd.
A clever person solves a problem. A wise person avoids it. – Albert Einstein
"Life's a Beach... and then you Fly!" Fishbuck
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fishbuck
Banned
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Registered: 8-31-2006
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A total of 45 volunteers participated and 3858 pounds of trash were collected after 5 hours within a distance of 9 miles.
http://terrapeninsular.org/en/first-beach-cleanup-san-quinti...
[Edited on 10-18-2017 by fishbuck]
"A ship in harbor is safe, but that is not what ships are built for." J. A. Shedd.
A clever person solves a problem. A wise person avoids it. – Albert Einstein
"Life's a Beach... and then you Fly!" Fishbuck
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MMc
Super Nomad
Posts: 1679
Registered: 6-29-2011
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Mood: Current
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Have you seen Ron Hoffs post on Facebook? the story from the other side has some merit too.
https://www.facebook.com/groups/TalkBaja/permalink/189134000...
"Never teach a pig to sing it frustrates you and annoys the pig" - W.C.Fields
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fishbuck
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Thanks Ron. Best solution for this is "light of day". Ron and I are litterally in different "camps" on this. He had the most info on it so I
appreciate whatever I can get.
I am in the Fidiecomiso process now and waiting for my titles... so pins and needles...
"A ship in harbor is safe, but that is not what ships are built for." J. A. Shedd.
A clever person solves a problem. A wise person avoids it. – Albert Einstein
"Life's a Beach... and then you Fly!" Fishbuck
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mtgoat666
Select Nomad
Posts: 17295
Registered: 9-16-2006
Location: San Diego
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Mood: Hot n spicy
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Fishy,
Ron is in business with the opposition, so he sees their side, by necessity. He is biased - as he has to be - he invested his money, so is just
protecting his investment/investors.
He paints a supposedly unbiased story, but he is biased like the protagonists.
People fighting for right to pave paradise vs. environmental protection. I support the environmental protection.
I am biased too.
Some biases are morally superior.
Woke!
“...ask not what your country can do for you – ask what you can do for your country.” “My fellow citizens of the world: ask not what America
will do for you, but what together we can do for the freedom of man.”
Prefered gender pronoun: the royal we
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Archie
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Except Terra its nothing about conservation, thats a mere façade.
They harvest a lot of private donations, then buy land and asks for federal funds for conservation, but 99% of the money goes to administration, all
the work is done almost for free from locals, and in the end they own the land and keep the cash.
Thats the same method used by WildCoast, Pronatura and others.
They have an investigation pending from UNPD (united nations development programme) for malpractice.
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fishbuck
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You forgot the carbon credits from the Paris accord. Terra sent an email about it. Cap and trade. They are a trade for somebody. They get paid for it.
But when was the last time people volunteered and picked up nearly 2 TONS of trash anywhere in Baja.
So they do good work wherever they get their funding. And they get people to take "ownership" of the Preserves.
Would you rather see another Newport Beach their instead? I know I wouldn't
Even the oyester farming isn't environmentally friendly.
It kills off the ell grass that the Black Brants love.
So Terra is the best bet to preserve and restore the bay and surrounding areas.
Terra has fenced it and has a Ranger so they have spent some money on the place to protect it.
Otherwise it was getting trashed and the rocks and gravel stolen.
[Edited on 10-19-2017 by fishbuck]
"A ship in harbor is safe, but that is not what ships are built for." J. A. Shedd.
A clever person solves a problem. A wise person avoids it. – Albert Einstein
"Life's a Beach... and then you Fly!" Fishbuck
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mtgoat666
Select Nomad
Posts: 17295
Registered: 9-16-2006
Location: San Diego
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Mood: Hot n spicy
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Quote: Originally posted by Archie  |
Except Terra its nothing about conservation, thats a mere façade.
They harvest a lot of private donations, then buy land and asks for federal funds for conservation, but 99% of the money goes to administration, all
the work is done almost for free from locals, and in the end they own the land and keep the cash.
Thats the same method used by WildCoast, Pronatura and others.
They have an investigation pending from UNPD (united nations development programme) for malpractice. |
Of course, organizations spend money on admin, salaries and fund raising, and rely on occasional volunteer labor. that’s the way the world works.
Nothing wrong with that.
Your complaint is silly, and unoriginal
[Edited on 10-19-2017 by mtgoat666]
Woke!
“...ask not what your country can do for you – ask what you can do for your country.” “My fellow citizens of the world: ask not what America
will do for you, but what together we can do for the freedom of man.”
Prefered gender pronoun: the royal we
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Archie
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Registered: 4-23-2012
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The ayuntamiento of ensenada have done that in the beach and the arroyos, some political candidates have done that too, the national forestry
commission in baja sur:
http://www.bcsnoticias.mx/conafor-y-ayuntamiento-de-los-cabo...
the API:
http://www.tribunadeloscabos.com.mx/limpian-playa-el-medano-...
local universities:
http://www.elvigia.net/general/2017/6/6/ayudan-alumnos-limpi...
Even the dreadful maquiladoras had their own campaigns:
http://www.elvigia.net/general/2017/8/20/acuden-limpiar-play...
Yah, putting a fence, blocking roads and denying entry says exactly that.
Of course it is, i have to come down to you level to make a point.
and that is that Terra are not good or bad guys, just mercenaries, and in this particular case, a very stupid ones, that bought land without checking
all the background.
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bajaguy
Elite Nomad
Posts: 9247
Registered: 9-16-2003
Location: Carson City, NV/Ensenada - Baja Country Club
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Mood: must be 5 O'clock somewhere in Baja
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Maybe you should come to Punta Banda and help out when the locals pick up trash along the highway and the beach on a regular basis, or maybe you could
help when those same locals, using their own money buy material to patch the numerous potholes on the road to La Bufadora........Shouldn't paint
everybody with such a broad brush
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fishbuck
Banned
Posts: 5318
Registered: 8-31-2006
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Thank you for bringing this to my attention. It was phrased as a question.
I am always happy to hear it when the people of Baja take the efforts to help keep Baja clean. I would love to help.
| Quote: Originally posted by bajaguy | Maybe you should come to Punta Banda and help out when the locals pick up trash along the highway and the beach on a regular basis, or maybe you could
help when those same locals, using their own money buy material to patch the numerous potholes on the road to La Bufadora........Shouldn't paint
everybody with such a broad brush
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"A ship in harbor is safe, but that is not what ships are built for." J. A. Shedd.
A clever person solves a problem. A wise person avoids it. – Albert Einstein
"Life's a Beach... and then you Fly!" Fishbuck
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fishbuck
Banned
Posts: 5318
Registered: 8-31-2006
Member Is Offline
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The fences and gates are there to protect the delicate ecosystem. The gates are open not locked.
There are many unnecessary trails and roads so the intent is to keep the place from being trampled and torn up which is what happenes when there is no
order.
So alot of the unnecesarry rodes and trails are closed now.
No ones access is blocked.
Just to prevent everyone from making their own road and destroying the place.
Please sign the Petition
[Edited on 10-19-2017 by fishbuck]
"A ship in harbor is safe, but that is not what ships are built for." J. A. Shedd.
A clever person solves a problem. A wise person avoids it. – Albert Einstein
"Life's a Beach... and then you Fly!" Fishbuck
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JoeJustJoe
Banned
Posts: 21045
Registered: 9-9-2010
Location: Occupied Aztlan
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Mood: Mad as hell
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I was waiting to hear the other side of the story, and I was very suspicions that one side of this debate, the so-called environmentalists wants
people to sign a petition to help with their legal cause.
The merits of this case should be held in the courtroom, or the equivalent, and not from some petition drive, for supposedly a good environmental
cause.
I know nothing about this case, nor do I care to listen from one-sided views, unless both sides are presented here.
These Mexican real estate, title battles, are often very complicated and take years to resolve, and should be left to the individuals with a vested
interests in a fight.
I once invested many hours of my free time, trying to understand, a Rosarito, epic real estate battle, where one party, was trying to steal private
property from another individual, for supposedly the public good.
But it turns out, the person who wanted to take( steal) the property, was working from pure greed motives, and luckily the person, who owned the
property, won that epic real estate battle.
So take everything you read read with a grain of salt, because each side has their own motives.
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fishbuck
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You are very correct. It's complicated.
My belief here is that Terra sees a real theat and is very concerned .
The intent is to bring intense scrutiny to the court case. Terra got surprised by a back room deal between the 9 indivduals and the government
official.
Terra had the titles. They went in to pay taxes last May and the titles had been changed. That's how they found out.
So now the entire country of Mexico knows there is a corrupt government official making fake titles and stealing land.
And stealing land from an established natural reserve.
That's good PR for the cause. All in.
"A ship in harbor is safe, but that is not what ships are built for." J. A. Shedd.
A clever person solves a problem. A wise person avoids it. – Albert Einstein
"Life's a Beach... and then you Fly!" Fishbuck
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fishbuck
Banned
Posts: 5318
Registered: 8-31-2006
Member Is Offline
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info@terrapeninsular.org
Subject line
"I JOIN THE PETITION"
"A ship in harbor is safe, but that is not what ships are built for." J. A. Shedd.
A clever person solves a problem. A wise person avoids it. – Albert Einstein
"Life's a Beach... and then you Fly!" Fishbuck
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BajaGringo
Ultra Nomad
Posts: 3882
Registered: 8-24-2006
Location: La Chorera
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Mood: Let's have a BBQ!
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I was alerted yesterday to this thread and while I consider Mike a friend, I have to call him out on several points where he is simply sharing
baseless allegations and outright fabrications. There are lots of people sharing opinions on this case when they actually know or understand very
little about any of the facts or history, much less Mexican law.
I am acutely aware of the facts and history as I have lived here among these fishermen whose families have carried on this fight for half a century.
And no, I DO NOT benefit in any way from this personally other than personal satisfaction of seeing justice done.
I have spent the last 15 years learning about the actual facts and details of this case and instead of just throwing out allegations, I will give you
the a step by step history of what transpired through the decades with this area. I have in my possession nearly a foot high of files containing some
of the most relevant issues in this dispute that help document everything that I will share here. The actual files in this case add up to a room full
of file cabinets.
It's a long story so read this when you have the opportunity to do so without any interruptions. I would suggest you turn off your TV and your cell
phone ringer, make a pot of coffee and sit somewhere comfortable. The story is long but it is important that you take it all in before making a
decision one way or another. The upside is that you will learn a lot about Mexican property law and maybe spur you to take another look at your own
property title, for those of you who have purchased homes down here in Mexico.
Conflict in San Quintin Bay with Terra Peninsular
I have received several messages in my inbox asking about the escalating conflict between the fishermen / oyster farms in San Quintin Bay with Terra
Peninsula, a non-profit organization that is dedicated to land preservation causes and who in 2012 purchased some bayside / coastal property from
Rafael Orendain and his company - Crola, SA, a Mexican land developer. The sole mission of this business (Crola) was to create a mega-development in
the San Quintin Bay, using property controlled (under legal dispute) by Rafael Orendain, one of the partners in Crola and whose family had been
involved in a long running legal dispute involving the same property going back several decades to the late 1940’s.
In 2015, the Secretary of Agrarian, Territorial and and Urban Development (SEDATU), who had replaced the old Secretary of Agrarian Land Reform agency
(SALR) in 2013, with the authorizing signature of a Supreme Court justice ordered the Baja California state recorded land titles held by Terra
Peninsular for the San Quintin Bay and coastal properties they had purchased from Rafael Orendain and Crola back in 2012, to be revoked. The federal
order then also instructed for the 10 properties to be recorded in the names of 9 local fishermen who were granted national land titles for the
properties; the same fishermen who had maintained an historic claim on these properties for decades, some going back to the 1960's.
Terra immediately cried foul and filed a request seeking a court injunction against the title transfer action. The new property titles remain in the
hands of the fishermen and the injunction request is still pending. Terra no longer holds any of the property titles but they are still attempting to
enforce some ecological protection orders over the lands they had managed to obtain to be able to help fortify their claim to regain the titles.
In doing so, they have erected a series of fences and gates controlling access to the coastal properties south of us here in La Chorera and it has
caused a lot of hard feelings in general with the local community that was accustomed to enjoy free access without any restrictions to those coastal
areas.
Terra has ratcheted their fight up a notch, seeking out a very friendly television report that gave a very one sided view of the story, sharing
several false and unsubstantiated allegations made by Terra while only showing 2 very short and highly edited clips of the fishermen's side of the
story, completely omitting their strongest legal arguments from the story.
I guess they have fake news in Mexico too.
Terra and Orendain have been successful in controlling the storyline up until now. Both benefit from strong financial resources with well staffed
organizations, good media and political contacts and both are fluent in English, helping them to get their message out to a broad base of support.
Now they and some of their supporters have begun circulating a petition, asking for help to "fight the corruption over the illegal taking of their
titles". It rings true with many who have witnessed repeated cases of corruption down here in Mexico and without a strong voice in opposition
presenting the other side of the story, it is easy to accept as factual.
The other side of the story is a group of families who have been fighting the Orendain family for half a century for control of the land around the
San Quintin Bay, with many of them still working the local bay oyster farms.
The Orendain family, represented today by Rafael Orendain and whose grandfather was originally involved in this land dispute, claims control of the
properties in question via their acquisition after a series of questionable land sale contracts that originated from the concession they were granted
from 1947 to 1957.
The fishermen counter that those sales contracts of the bay properties were fraudulent based on several key points:
1. The disputed properties are clearly outside of the boundaries of the authorized concession map that Rafael Orendain agreed to and signed in the
concession of 1947.
2. The concession required the Orendain family to subdivide the large land mass and sell the properties third parties, not themselves.
3. The concession ordered the Orendain family to register all land sales with SALR who would document that they were indeed “terrenos nacionales”
included in the concession and then record the new titles. They did not record any of these sales with SALR.
4. Their concession was only for 10 years and clearly stated that any unrecorded land sales at the end of the 10 year period would revert back to the
nation and remain “terrenos nacionales”. SALR made 3 separate findings over the decades since the Orendain concession expired, each time published
in the Diario Oficial (Federal Register) and documenting the bayside/coastal properties in question to be “terrenos nacionales”.
The strongest legal argument by far for the fishermen is the first point than in fact the properties were never even included in the Orendain
concession to begin with. The Orendain family over the years would produce another, different concession map that was never authorized by SALR or
included as part of the concession. This new map just happened to include the bayside properties in question.
To try to get around the second point, the Orendain family created sales contracts for most of the high value bayside properties using a prestanombre
and years later that same prestanombre would then sell the properties back to the Orendain family. That prestanombre who was holding millions of
dollars in fraudulent land contracts was the Orendain family chauffeur. Rafael Orendain would then use these illegal sales contracts, taking them with
a copy their new map – not the approved concession map – and then register the land sales with the registrar to obtain land titles. These were
always fraudulent, illegal titles from the beginning.
The fact that Orendain family recorded the land sales directly instead of the concession order to register them first with SALR was most certainly
because they knew that SALR would see the land parcels as outside of their concession and immediately reject them. The fact that the SALR would make
repeated, identical findings over the years all agreeing that these parcels were indeed “terrenos nacionales” proves that exact point.
The Orendain and Terra side of the dispute have been well represented on both corporate media as well as social media, including many loyal supporters
who share everything posted by Terra and most people supporting them actually have little to no knowledge of the real facts involved in ths dispute.
These fishermen Terra is now defaming with cries of fraud and corruption are my friends. I have invested many years living down here among them in
their community, breaking bread together and becoming a member of their families in a way that you get to know them personally, their character and
their values. But none of these fishermen speak English and today I would like to be their voice in this dispute. I want for you to hear their side of
this long story and explain why they feel completely justified with the recent action of SEDATU over the 10 land titles, still waiting for the
remaining 18 to be issued soon.
The video on Youtube is just a bit over 30 minutes long but completely documents the real facts in the case instead of just making allegations and
will give you a much better idea of the COMPLETE story, not just bits and pieces that favor one side or the other. I will put all of this out there
and let you be the judge of which side is in the right, but I think once more of the history comes to light it may just change some of the
preconceived notions you may have had prior. All I ask is to follow the video to the end before making up your mind.
These fishermen have invested generations of hard work and effort to hold, preserve and protect these properties, using sustainable fishing
techniques, eco-friendly fishing processes and were the very first defenders of the bay's eco-systems, successfully fighting to squash Orendain's
large development that would have certainly ruined the bay forever. Where was Terra Peninsular back then?
     
[Edited on 7-30-2019 by BajaGringo]
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shari
Select Nomad
Posts: 13033
Registered: 3-10-2006
Location: bahia asuncion, baja sur
Member Is Offline
Mood: there is no reality except the one contained within us "Herman Hesse"
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thank you for the in depth history of this issue which is so very common...it explains alot about other land disputes and how they came about. Sorting
it all out is a monumental task....akin to native land disputes in some areas in Canada.
One thinks one is safe with a title but how that title was obtained can be questionable as in this case. I have personally seen how property lines are
mysteriously and new properties mysteriously created where there were none etc.
Fishbuck....is the lot you just bought in this disputed land?
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