BajaNomad - Mexican land grab

Mexican land grab

frizkie - 6-3-2009 at 08:30 PM

I thought some of you out there might be interested in this sad but true tale that, hopefully, will have a permanent happy ending.

-----Original Message-----
From: **********@aol.com
To: ***********@aol.com
Sent: Sun, 24 May 2009 1:25 pm
Subject: Mexican standoff

You probably have heard that we had some problems with our land. We have, and it has been a month-long nightmare for us, draining us emotionally and financially. To top it off Darlene now has the flu and she is miserable. Anyway, below is a brief explanation of why we have been out of touch for so long. I have attached a PDF of some photos so that you will better understand how things were.

What happened was this. Last year, our ejido lost its appeal over the title to the land here in Ligüí claimed by the Muñoz/Milne (M&M) family. (To explain, an ejido is a cooperative farm wherein the members have received rights to the use of federal land. The idea is patterned after the cooperative farms in the Soviet Union, whose land use policies served as a model for Mexico following the Mexican revolution, the two revolutions were about co-concurrent in time. In recent years, the ejidos have been given actual title to their lands and can sell them should they choose. Our ejido is Ejido Santo Domingo and I am a member with rights to the land we are on.)

This dispute had been going on for 18 years. M&M were given a title to the land as the result of fraud on part of the agrarian authorities in La Paz who had been bought off by the M&M family. The ejido had appealed the award, but were again sold out by their lawyers and by the agrarian authorities. The ejido lost. Money talks.

As part of the decision against the ejido, the rights of possession that my late friend and partner Angus Mackenzie and we have to our two neighboring parcels in Ligüí were lost. However, nothing immediate was supposed to happen to us because the action by M&M against Angus and me was a separate, civil matter and the tribunal is an agrarian court that has no jurisdiction over civil cases. The case against Angus and me should have been adjudicated by the court in Loreto. That would require first settling Angus’ estate, since he has passed on, and nothing should have happened until the estate was settled. That normally takes at least a year.

Nothing normal here as unknown to us and unwatched by our lawyers, M&M bribed the judge at the tribunal and the tribunal issued an (illegal) order for eviction. We learned about the order the 23rd of March two days before the eviction was supposed to take place. We managed to stop them at the gate and our lawyers were supposed to have obtained an injunction to prevent them from proceeding with the eviction order. Unfortunately, our lawyers did not move swiftly and once again M&M managed to have the tribunal issue the eviction order, this time on Wednesday at the beginning of the Easter holiday – Thursday, Friday, Saturday plus Easter Sunday the court is closed an no one can check the calendar – to take place April 13 Easter Monday. (The way this works is the court is required to post a notice at the secretary’s office of each order issued that day. It the responsibility of the parties in the case to check daily for new orders. By not posting the order after hours Wednesday before the holiday and after the court was closed, we were unaware of what was to unfold. Our lawyer got around to filing his injunction on Monday, but that was too late.

So the first we knew something was wrong was on Easter Monday at 10 o'clock in the morning when two large trucks, the kind that they use for transporting cattle, arrived in our driveway. Before we realized we were in trouble, Darlene was grabbed and held while the gate was forced open and about 40 people poured into our property. Gabriel Muñoz, one of the claimants, proceeded to cut our phone lines and all the electrical wires he could find along with every lock he came across. Fortunately, I was able get a phone call out to the ejido and notify them of what was happening before he cut the right line. Afterward, I was able to use my hand cell phone from the upstairs bedroom for a bit. (Cell phone service without a separate antenna is marginal at best In Ligüí. People have to climb the hill at the south end of our beach to get a line-of-sight shot to the tower in Loreto. I can do the same from the second floor of the house, but that is subject to outages due to atmospheric condition.) Also fortunately, some of the ejido members and their families were still camped on the beach after the holiday weekend. One, Ruben Gonzalez, is well connected politically – several congressional representatives both state and federal in his family – and he climbed the hill and started calling his connections in La Paz and Mexico City.

Meanwhile, I tried to reach Yuan Yee the municipal president (alcalde). He was at a meeting in Juncalito, where phone service also is marginal, but his secretary said he would get the message to him as soon as possible, and that was all I could accomplish for the time being.

Meanwhile, the invasion settled in: the two trucks had drivers and four workers each, they were accompanied by 10 or so State Police in black and an equal number of local police in white who cordoned off the house and blocked the road. In addition, there was Carlos Ruínk, lawyer for Gabrielle Muñoz himself, the actuario (court marshal) for the tribunal, and three other people who turned out to be the nephew of Gabriel's sister and two sons of Valentin Talamantes, our local bully and hireling of M&M. The workers began to take everything out of our shops, washroom, our son’s storeroom and our outside kitchen and throw them into the trucks. All of furniture, all the tools, fishing and dive equipment were removed and some of it and some money stolen. I asked what they intended to do with our possessions, and Ruínk said they were going to take them to the municipal yard in Loreto, the storage area for wrecked cars and other junk for disposal. I asked that our possession be left on land that was not in dispute, but he said that he would decide where they would be put. He said we were not wanted in Ligüí.

Darlene and I felt completely helpless as we watched all our possession being piled on the trucks. Ruínk said they would make two loads with the trucks, one with the outside possession, and boats and my visiting cousins’ house trailers, and then all the possession and furniture in the house itself. Ruínk refused to let us speak to the actuario or Gabriel Muñoz, or even read the order for eviction. A truly nasty individual with cold eyes – I wanted him on my fillet table.

After about an hour, Yuan Yee the alcalde arrived at the beach gate and came into the house. Ruínk and the actuario, Darlene and I met with him. Darlene and I asked that we be given time to move our own possessions in orderly fashion. Yuan suggest that that was reasonable request. Ruínk answer to Yuan was, “No, they are not wanted in Ligüí. They have to leave with all their possessions immediately. I have waited 18 years for this moment and they are leaving now!” Yuan told him that he need to make some phone calls and left.

Darlene and I were desolate. We had never felt so alone. However, as Yuan went out the beach gate, Mario Higuera of the president of the ejido showed up. He told me not to worry; we were not alone. And he was right. We had not seen them before because we were confined to the property, which was cordoned off by police (I hope Muñoz paid plenty for them) to prevent anyone interfering with the eviction. But nearly everyone in the communities of Ligüí and Ensenada Blanca, men, women and children, had arrived and were lined up outside the cordon of police. The people proceeded to dig two ditches, one at the main entrance of our property and the other in front of our beach gate so that trucks could not go out. The police watched and did not interfere. By this time it was becoming apparent to us that the police took a dim view of the whole matter, particularly the state troopers who had been told they were going on a narcotics bust!

The crowd and ditches resulted in an impasse. Yuan returned and explained to Ruínk that he may have a legal right to evict us, although that did not seem that certain, but that he, as presidente muncipal, had a problem of social unrest, and he was not prepared to allow matters to get out of hand.

Ruínk began to waver. First he tried to more threats and told me he had the legal right to have me arrested and forcibly removed. By that time, though the people on the beach were yelling, “Don’t go, Pancho” so when Ruínk asked me if I would leave voluntarily I said no and held out my arms to the state police and told them to cuff me. They merely looked amused and ignored Ruínk and the actuario. He then offered to put our possession wherever we wanted, but by then it was apparent to Darlene and me that the tide had turned in our favor. I declined the offer.

Yuan then told Ruínk and the actuario to meet with him privately. That meeting lasted the better part of an hour during which time the loading of the trucks was halted. Yuan returned and told us and the people within hearing that he had taken matters into his own hands, that the eviction was stopped for two days and our possession would be removed from the trucks. This was done and the ditches filled in and the trucks allowed to leave.

During the next two weeks the eviction order was issued twice more, but each time we managed to have it stopped, with little thanks to our lawyers. In the meantime, my ejido elected its new officers for the coming three years. The new board is composed of some of the movers and shakers in the ejido and with their help and my financial assistance we made two trips to Mexico City, where, with help from our Sen. Coppola, we were given and audience with the college of presidents in the agrarian court system. To them we explained the problem with corruption in the tribunal in La Paz. The result was that the ejido now has an injunction that should stop all further actions for six-months to a year. I should know more later next week. The action also replaces the President of the Tribunal in La Paz, the magistrate in La Paz and the actuario while they are investigated for corruption. Hope for jail time! Further, La Paz has been ordered to send the entire case file (some 8000 pages) to Mexico for review with the aim of reopening the dispute and I believe likely settling it in favor of the ejido.

Until matters are sorted out, we are safe. We are still putting the stuff away and completing the inventory of things that were stolen during the confusion. We have a criminal complaint against Ruínk and the actuario, as they are responsible for the workers. On the good side, Francisco, one of Valentine’s sons made the mistake of impugning the manhood of Yuan Yee for not kicking us out. Yuan retaliated by firing all of them, the three were employed by the municipio.

In return, Ruínk has filed a criminal complaint against Pres. Yee and all the families in the communities and the ejido for interfering with a lawful eviction order. Darlene and I finished testifying for Yuan the past week, but since the matter is now stopped, the question of whether the order was lawful cannot be answered so I expect the complaint will drop.

So things are now returning to near normal. We both still feel violated, and that feeling will be slow in going away, if ever. However, two good things came out of this trauma as often happens in such cases. We remember the first terrible hours of the event when we felt alone and helpless. We seriously believed that no one cared and we thought we would just leave México and put all this behind us. But then we did find out we were loved and respected by our community. They came to our aid at risk of fine or imprisonment for interfering. The people told us that of course they came; we are part of the community. We have lived with them for 20 years and helped all of them, their children and the communities in so many ways they were happy to be able to help us in turn. It gave us a wonderful feeling to receive such an outpouring of love and in feeling being part of the community. I choke up even now writing about it.

The other good thing is that because of the uprising by the people – between the ejido and the two communities we count over 2000 votes – even the cynical politicians who normally support rich developers in land disputes came over to our side and the side of the ejido. After all, the developers don’t even live in BCS and represent a handful of votes at best. With the politicians behind the ejido and us the case will go on for quite awhile. Everything moves slowly in the courts in Mexico, and a way that's good for us because it means that we're secure and safe for the foreseeable future. And with political support, it is very likely that the ejido will win the final decision and we will win our land where we have been for so many years.

Frank

[Edited on 6-4-2009 by BajaNomad]

Paulina - 6-3-2009 at 09:31 PM

wow.

rpleger - 6-3-2009 at 09:44 PM

Great story...Good luck in the future and good for you and your neighbors for standing up for you against the developers...Again...Great story.

longlegsinlapaz - 6-3-2009 at 09:46 PM

DOUBLE WOW!

Sincerely glad the guys in the white hats won this battle & hopefully will win in all future endeavors!

Sallysouth - 6-3-2009 at 09:48 PM

OH MY GOD ! What an ordeal for you and Darlene and the whole village .Wow.I am at a loss for words right now. I know how much love and support you both have put into that community and also the private struggles you have been going thru with Darlene. I commend you both for what you have done and now this .Good people do NOT bat last! Peace be with you in the place you so love. Sally (Juanita's Mom)

k-rico - 6-4-2009 at 04:41 AM

The original post said:

"M&M bribed the judge"

and

"M&M were given a title to the land as the result of fraud on part of the agrarian authorities in La Paz who had been bought off by the M&M family."

and

"The ejido had appealed the award, but were again sold out by their lawyers and by the agrarian authorities. The ejido lost. Money talks."

Maybe this is a stupid question, but how would one know about these bribes? Have they been documented somehow?

Another dumb question, doesn't the Agarian Ministry have a map defining the Ejido borders?

shari - 6-4-2009 at 07:54 AM

Whoa...that is a true mexican nightmare! I am proud they stood up for themselves and of their vecinos for backing them up....good lesson for others about dealing with bullies. Direct action was very effective. It aint over till it's over.

Is this the same Muñoz family at Bonaventura???

Phil S - 6-4-2009 at 08:14 AM

OMG!!!What a reality check. I can only imagine the fear & frustration you both must have felt. Were there any Nopolo attorneys involved in your frustration????? Or were they Loreto attorneys.???? Or both.?????
You may U2U me if you'd prefer. Land grab is for sure. Money does talk, but hopefully, honesty prevails!!!!

Hi Shari

frizkie - 6-4-2009 at 05:39 PM

This is Barb from Victoria

Sorry, I don't know if it is the same Munoz family from Bonaventura.
This news was e mailed to me from a friend who thought I would be interested in hearing about the problems that Frank and Darlene were having.
I don't personally know Frank and Darlene. But I certainly do sympathize and wish them well in the future.
Hi to Juan for me.

805gregg - 6-4-2009 at 08:23 PM

This is some serious corruption, exactly why I would only rent in Mexico, or maybe house sit.

flyfishinPam - 6-5-2009 at 05:39 AM

this is very sad and it was on the front page of that El Sudcaliforniano newspaper. (I prefer el Peninsular for news). I am happy that the people of Ligui stood up for them, they have done so much for the community. Also glad to hear about the information on the people of Ligui working in unison. We will definately speak with them and get the fishermen to join our union so we can have more voices (votes). Their experiences will be seriously enlightening for the folks here in Loreto.

arrowhead - 6-5-2009 at 09:33 AM

I don't think these are the same people as ramuma53. The matriarch of the Ligui Munozes is named Evangelina Munoz and I think her daughter is Angelina Munoz. However, I would not discount that there is not some kind of more distant family relationship.

flyfishinPam - 6-5-2009 at 09:54 AM

Muñoz is a common sur name from mainland Mexico. My husband's sur name is Muñoz so that name always catches my eye. There may be distant relation between these Muñozada but again maybe not. My husband is from Guerrero and when I visit there I notice the name Munoz everywhere, and its large densely populated state. Muñoz is as ubiquitous in southern Mexico as "Smith" or "Thibault" in other parts of the world.

Skipjack Joe - 6-5-2009 at 12:28 PM

Quote:

Originally posted by shari
Is this the same Muñoz family at Bonaventura???

Can't be. That one's only worried about the turtles.

Crusoe - 6-5-2009 at 04:57 PM

Here's wishing alot of well earned luck in the coming months to Frank and Darlene and family. They have done alot of good things for all the local Mexican familys near Ligui for many many years. It must seem so unreal and unfair for them to have their world flipped upside down now especially as they are getting along in age now. They are wonderful people and we wish them the best. ++C++

Sallysouth - 6-5-2009 at 08:31 PM

Ditto on that Crusoe! I guess this has been an ongoing battle for quite some time and Frank finally spoke up(to the Nomads), etc.

CaboRon - 6-6-2009 at 09:04 AM

Quote:

Originally posted by 805gregg
This is some serious corruption, exactly why I would only rent in Mexico, or maybe house sit.

Let this be a warning to everyone ....

There is no such thing as a legal lease .....

The closest thing to legal is a fidecomiso .....

And even with that, you never posses the clear title, the bank holds it....

Don't see any mention of one here ....

Americans beware ...

Do NOT buy or invest in Baja California .....

You are only a target .....

Bajaboy - 6-6-2009 at 09:53 AM

Quote:

Originally posted by CaboRon

Quote:

Originally posted by 805gregg
This is some serious corruption, exactly why I would only rent in Mexico, or maybe house sit.

Hey LasVegasRonnie

How's Vegas treating you? Have you rolled craps there yet? How long until you start bagging on LV? Thanks for coming back and sharing your wisdom with us. Now go catch Elvis....or take one of the foreclosure bus tours.....

DianaT - 6-6-2009 at 10:23 AM

Quote:

Originally posted by CaboRon

Do NOT buy or invest in Baja California .....

You are only a target .....

GREAT advice--- I hope many follow it---some places are getting just too crowded for those of us who "unwisely" invested and actually like it. :rolleyes:

I just can't imagine how terrified those people were on that Monday morning----but what a story and what a sight it had to be to see the entire community show up and take action--wow.

I sure wish them success with their continuing battle, they deserve it!

Diane

gnukid - 6-6-2009 at 12:57 PM

Quote:

Originally posted by CaboRon

The closest thing to legal is a fidecomiso .....

And even with that, you never posses the clear title, the bank holds it....
...

Ron, IF you are really hot on property rights why not look at the horror stories happening all around the USA, and especially in your neighborhood, such as vast numbers of eminent domain property theft, the NAFTA Super Hiway / Texas Corridor land grabs (into non-us corps), its happening at a fast pace across the US cities. Do a search on eminent domain abuse or land grab in a search tool, like google search. Horrific whats happening in the USA.

Nearly everywhere in the world, title is defined as temporary rights, in the USA very very few hold title and those cases where people do hold clear title are also subject to revocation, eminent domain, etc... the laws which affect title are actual UN agreements-so in practice all rights are temporary.

In Baja, a Fidicomiso is a trust beneficiary document to the title-giving temporary rights to use the property to a person, often a foreigner. Many many foreigners have had long term success with their fidicomiso. In fact, here on Baja Nomad there has never been a case reported, that I recall, of anyone suffering from conflicts while holding a fidicomiso in their name on titled property where they are the named fidicomiso party on the scritoro where the property had been previously titled and was now owned by a foreigner.

Though caution is warranted when purchasing rights to property, titled property is a requirement in order to buy the rights to the title, no title, no right to sell rights, however the idea that you permanently own anything is simply false practically world over.

Let's not suggest that the USA or anywhere else is different.

According to UN law which the USA is a party to, all property rights are revocable by the Pope or some such nonsense. In case you haven't read up on it, you are not a party to the signing of USA/UN agreements so therefore you are not subject to the protection of the laws. You can't even legally make a contract on land according to ancient laws from the Pope and the Queen etc... etc...

So we are pretty happy with our property rights in Baja... And we are well treated as a community of foreigners who "own" property rights in general.

gnukid - 6-6-2009 at 01:07 PM

This particular case is an amazing one. It does point the obvious corruption throughout Mexico (just like the USA) but in this case the people stood strong and played their cards nicely.

The story does illustrate how amazing Mexican people are, how honest real community members are and how they respect values of the community. To me, its awesome, fantastic, there is nothing more powerful than a strong community. They stopped the nonsense by simply being present and digging a ditch which literally put a kabash on the entire scam, and now with the news story the scam is likely put to bed.

Though, it should be clear that this situation is unique, the owners held no fidicomiso, they had no title, they simply had time on the land with an agreement. There are many cases like this and they should be recognized for what they are, temporary leases.

The problem with a land lease of ejido land in mexico is that once a gringo gringifies the land, everyone wants the land whose rights to use can easily be attacked from a variety of angles since it is not titled.

What are you going to do... its almost a certain path, lease land from an ejido, fix it up, get run off the land.

wilderone - 6-9-2009 at 09:20 AM

The difference is, in an eminent domain or other type of "taking", the reason must be for the public good, which is appealable in a court of law, and that you receive fair market value for it if it is taken - not a bunch of yahoos showing up with a pick-up truck. The "revocableness" and "temporariness" of property rights in the US is slight at best. Of course there will always be property disputes, and a clear paper trail and due process procedures exist for unraveling such disputes. But being forced to turn over your land, your house without due process? Won't happen.

Cypress - 6-9-2009 at 11:36 AM

The only land any foreigner really owns in Mexico is the dirt under their fingernails. And, most gringos don't know much about that. :no:

Frank and Darlene were evicted yesterday

arrowhead - 11-24-2009 at 11:05 PM

Frank and Darlene lost the battle for their place at Ligüi and were evicted yesterday. Here is the article in Spanish:

http://www.oem.com.mx/elsudcaliforniano/notas/n1415940.htm

JESSE - 11-24-2009 at 11:33 PM

Just remember, it is very likely a change of goverment will take place in the next elections. And there are a lot of people that want pay backs. Many people that think they are untouchable now will go to jail.

Remember what i said.