oladulce - 6-6-2005 at 07:07 PM
This is an explanation of beach access to the Federal Zone from the SEMARNAT website. My literal translation of the 2nd part doesn't make sense to me.
Is it saying anything important?
I can't find any other reference to this beach access requirement and don't want to assume that this statement is just a generalization. Thanks.
Criterio de accesos a la playa y servidumbre de paso:
_Accesos a la playa con una frecuencia m?xima a cada 400
m. longitudinales al frente costero, con un ancho m?nimo de
9 m. por cada acceso.
_En su caso, se deber?n establecer los derechos de servidumbre de paso.
Oso - 6-6-2005 at 08:12 PM
A servidumbre de paso is a right-of-way. This is saying that there must be beach accesses 9 meters wide every 400 meters.
oladulce - 6-7-2005 at 12:43 PM
I wasn't clear if "En su caso" was saying "In your case"...
meaning that we would be responsible for making sure there were right-of -ways.
I get the feeling that "En su caso" is not referring to us.
Oso - 6-7-2005 at 05:14 PM
Well, in somebody's case, they should see about recording the easement. But I can't really tell who from this snippet. What's the link? Maybe we
can figure it out from a wider context.
Oso - 6-7-2005 at 07:43 PM
OK, much clearer now. It is the responsibility of the coastal "developer' to delineate and establish the public easements for beach access within
the process of obtaining the permits for the development.
oladulce - 6-7-2005 at 11:09 PM
Thank you very much Oso and Larry.
This detail doesn't seem like it would be very important but the required beach accesses were not incorporated in to our neighborhood when the lots
were plotted out. I wanted to make sure that it wasn't each property owner's responsibility. We'll see what happens.
Oso - 6-8-2005 at 07:35 AM
"Entre el dicho y el hecho hay mucho estrecho." Since the requirement is just "at least" one every 400 meters, it's not likely the burden was meant
to fall on each individual property owner. If the developer got the plat approved before the statute was in effect, the neighborhood could be
"grandfathered" in. Then again, if it was in effect, bribery or incompetence (or both) may have had a hand in it. What happens now is anybody's
guess. Maybe nothing. Maybe the developer will be forced to buy back some lots and put easements in. Maybe the government will envoke emminent
domain and run an access through your lot. This is Mexico. The only thing certain is that somebody usually gets screwed and it usually isn't the
rich guy. Good Luck!
Dave - 6-8-2005 at 08:14 AM
Beach access regulation is not for public access. It is designed for the military. Maybe if you complained to them the regulations would be enforced.