BajaNomad

Let's build more condos!

conquestkm - 3-10-2008 at 07:29 PM

Has anyone seen this web sight ? and how much of what is posted is fact?

Subject: Let's build more condos!


The following information was edited from the "boycottbaja.org" website:

Pablo Gutierrez, developer of Rancho Del Mar, is in a battle with adjacent homeowners over concession rights for the land and occupation of historic homes that line the oceanfront. On December 27, 2007, Gutierrez seized many of the homes claiming he had concession rights to the land and residents were illegally occupying the homes located in the Federal Zone.

The day the illegal seizure occurred, a retiree who lives in the area had left her home to run errands only to find upon her return a roadblock, police and security present, and house alarms going off. "It was absolute chaos!" she said. They would not allow her access to her home even though she needed medication and pets were in her home.

In addition to the illegal seizure and inability to access the homes for almost two months, property owners have had to watch helplessly as workers of Gutierrez vandalize and loot the homes. Water tanks have been stolen, property damaged and locks changed. Many owners have had cash, expensive liquor, electronic devices and appliances stolen. Some neighbors estimate damages to be in excess of $50k. "If you want to have a legal fight over land use, that is one thing, but to vandalize, steal property and make personal threats, is quite another." a resident commented. Many of the homeowners, both Mexican and American, built these houses and have lived in the homes for over thirty years.

One long-time resident said, "The houses are a unique testament to a long forgotten history of what made Rosarito Beach famous before the concrete towers littering the coast were erected. We all know each other, our neighbors are our friends, and we grew up together and watched each others children grow. We have many wonderful memories of our times here and that is something no one can take away from me or my family."

Homeowners have experienced continued harassment from Gutierrez. In November 2007, the public water lines were severed. The water lines are the property of CESPT, the city water department and run underneath Gutierrez’ property and the Federal Zone. It is the only source of water in the area. Many residents arrived the Wednesday prior to the Thanksgiving holiday to find no running water in their homes. An eyewitness said, "Gutierrez was on the property laughing as we arrived." Employees of CESPT met with residents and told them that Gutierrez owed several thousand dollars to CESPT and that the residents should consider paying Gutierrez’ bill to get the water lines fixed. Residents were outraged and opted to fill the water cisterns in their homes. As an act of protest, many have chosen to close their accounts with CESPT due to their lack of assistance, CESPT’s refusal to fix public water lines and the blatant corruption that exists.

Gutierrez claims that he owns the public access road and has branded the public beach entryway as Rancho Del Mar. According to public records, the area has long been known as Baja Tradewinds. The long-standing presence of public utilities such as water, telephone and streetlights is clear evidence that this road is and has always been considered a public easement and right of way for many years, stated attorney Luis Vera. Yet, Gutierrez has blocked several attempts by homeowners to pave the dirt access road to the homes by falsely claiming ownership rights. He has now stated that he will proceed with closing the road, although he has no right to do so.

Luis Vera, an attorney out of Mexico City, is handling the concession portion of the case and has evidence to support Gutierrez bribed an employee of the federal agency who is now facing criminal charges and jail time. Criminal and civil charges including assault, battery, intentional infliction of emotional distress, harassment, trespass, burglary, theft, vandalism, illegal seizure of property, fraud and bribery are pending against Gutierrez by the homeowners.

Gutierrez is hurting his own neighbors and the local economy through his actions. Gutierrez actions have a direct, negative impact on hard working Mexicans who want to support their families. The residents who live in this area support repair people, construction workers, security guards, housekeepers, and the local markets and restaurants. With tourism at an all time low in nine years and Americans afraid to travel to Rosarito Beach, businesses are suffering. The Mayor of Rosarito Beach, Hugo Torres, is stating his occupancy rates at the Rosarito Beach Hotel are down 30%. "It is incredibly stupid to alienate us, the backbone of the economy." stated one homeowner.

A thirty-year resident summed up the situation saying, "This battle [with Gutierrez] has been going on for years, but now it has escalated to a point of no return. We have no choice but to defend our property and individual rights as residents of Rosarito Beach."

On Friday, March 7, Gutierrez’ workers took over another home, looting it and even removing all the windows. They told some witnesses that they plan to tear down all the homes during the next few weeks, although this matter has yet to be decided in the Mexican court system. The Rosarito Police Department was contacted twice but never showed up to help the occupants and stop the looting.


The development of Baja Tradewinds, located in Rosarito Beach, Mexico, is the focus of the latest illegal property seizure in the area. The illegal seizure was conducted by the residential land developers of Rancho Del Mar. The Gutierrez brothers Pablo and Luis illegally seized several homes of Americans and Mexican-Americans on the afternoon of December 27, 2007 claiming the houses were abandoned. They changed the locks, looted the homes, destroyed property then had their workers take up residence in the homes and guard against entry by the homeowners. Personal threats against the homeowners have been made and homeowners have been told if they try to enter their homes, they will be arrested.



The illegal seizure was conducted in concert with Mr. Cachu from the SEMARNAT organization, headquartered in Mexico City. SEMARNAT is the government agency that regulates the use of land considered to be in the Federal Zone. The Federal Zone is land that is owned by the Mexican government and which is granted rights of use, or concessions to those living on the land. Documents, allegedly false, were presented and signed during a time when the Mexican government closes for the holiday season; December 21 - January 7; rendering homeowners helpless.



NBC San Diego ran the story on Sunday, February 17, 2008 and CBS Radio out of Los Angeles recently aired the story on Wednesday, February 20, 2008.

PabloS - 3-10-2008 at 07:51 PM

It's Mexico, :?:No:?:

Bajafun777 - 3-10-2008 at 09:28 PM

Well, since Pablo Guiterrez and his brothers think they are funny stealing peoples personal property put an add in the San Diego Union with his picture and his brothers. Let people know he is stealing Americans personal property and their homes by force and not legal help for the Americans. Name his company Rancho Del Mar. Have homeowners he has robbed estimate just how many thousands of dollars he has gotten his hands on and then let the other theives come after him and his brothers. At least he would not be standing out there laughing at you and the other Americans. Wouldn't it be funny then if someone stated exactually where he and his brothers live, saying I hope you do not live by this man and his brothers.
The Mexican Government needs to put a stop to this kind of crap. This is why I will never, repeat never buy property in Mexico.:no: I may rent or take my 5th wheel down and rent but buy-----nope. Americans in Mexico never get a fair shake from the government:fire:. Just a thought, now it is just a thought-Why not try to file a claim against the Mexican government through the NAFTA act. It is suppose to say something to the effect of "any American doing any kind of business in Mexico that suffers an unfair or illegal loss of property or business they have a right to place a claim against the monies Mexico had to put up for the NAFTA agreement. I had a businessman tell me about this so I have not read or seen this but might very well be worth checking out. America also had to put monies up in this account. So, if the shoe was on the other foot and unfortunately America and Americans seem to be always be wearing both pairs of shoes we pay, why not the other way too. I am just so tired of hearing things like this happening to people in Mexico and it being allowed. It almost makes you want to hire your own muscle from Mexico to go get your property back or take theirs.
Now that I have vented on this===== Hope everybody else has a safe holiday coming up. I do know because of this coming holiday I should not be having these kinds of thoughts but Americans cheeks are bright red from turning the other cheek so much to Mexico. Enough is Enough and I know there will be others probably saying how these Americans did something wrong according to Mexico's laws. The same law which has more twists and turns which creates so much of this confusion to Americans in Mexico. Later, bajafun777

Gadget - 3-10-2008 at 10:31 PM

Quote:
Originally posted by grover
When I first started surfing there quite a few years ago, there was a Playa Publica access right at the end of the street where the office is(was?)

My good friend Bob Kidd has lived there forever.

I gotta go, but I'll call him tomorrow for the scoop.

Video from NBC/7-39 News:
http://boycottbaja.org/media/ROSARITO%20HOMES%20%20KNSD%20TV...


How is Bob? Haven't seen him in a long time. Tell him Will and Tom Mitchell say hola. Is he still paddleing out?

Capt. George - 3-11-2008 at 04:20 AM

Oh yeah, "The Ugly American" wadda joke!

sick of hearing how "wonderful" Mexicanos are. Just look at this situation.

Bad apples mixed in all of us.

805gregg - 3-11-2008 at 07:07 AM

It seems the best knowlege in Mexico is, who to bribe. Let's hope this kind of thing gets publisized so the naive potential buyers of real estate will stop buying.

Interesting

Gypsy Jan - 3-11-2008 at 02:46 PM

Someone posted part of this story onto a review of the Rosarito Beach Hotel on Yahoo Travel and Yahoo Groups.

Here's another/similar version of the story posted on prnewswire.com with contact information for the attorney in Mexico City who is making the allegatiions of criminal actions by Pablo Gutierrez: http://www.prnewswire.com/cgi-bin/stories.pl?ACCT=104&ST...

[Edited on 3-11-2008 by Gypsy Jan]

Woooosh - 3-13-2008 at 01:18 AM

No one is making money selling any new homes these days, so they're taking back and reselling them. Easy sale too- no need to search for a buyer. It's the old-west steal-whatever-you-can-get-away-with corrupt system and no one wants to change it (that is still actively trying anyway). Just more bad news for any project/developments on/near the water. We made sure we had the escritu ? in hand before we built out house. Worth the wait and the security. JMHO though

[Edited on 3-13-2008 by Woooosh]