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philodog
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Laws regarding beach access?
I am trying to find the official word on beach access in Baja. I`m familiar with the federal zone but what about getting to the federal zone? I have
been coming to the La Ventana/El Sargento area for 20 years and as it gets more developed more and more roads that end at the beach are getting gated
allowing access only to property owners. Is there legal a remedy? Also, I have always heard that arroyos are public property but have never found
anything in print that says this or defines what an arroyo is. Any info on this?
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Marc
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I asked the same question a while back and received numerous answers. Go to "search" above and you will find the thread.
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woody with a view
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"they" can block access to the beach. you have all the rights to walk along the high tide line or lower ANYWHERE.
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Bajahowodd
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Maybe they should have their own version of the California Coastal Commission! 
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Pescador
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The Federal zone is open and can not be denied access, but someone can lease the concession to that area of Federal zone and they can control it. The
Federal law is still clear that they must provide access to the Zone, but that seems to vary according to the area and who is in charge.
That means they might keep you off of their concession and if you insisted on going there and they had you arrested, you might win if it went to
court and they might have problems getting you arrested.
Some years ago we ran into that same situation at Los Muertos and the police told the watchman for the properties that I was in the Federal zone
with my tent and that they could not really do anything about it. That night my 14 ft. Klamath was stolen and I never heard or saw anything. Now I
won big time cause I was able to use my knowledge of the law to stay where I wanted, but I lost a lot of equipment and stuff that was on the boat, so
in the final analysis, this "smart assed Gringo" learned something about the "Silent Law" that is stronger in the long run. Proved to be good tuition
for me.
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DENNIS
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And what happens when easy access isn't given to the public? Some feel entitled to cross your property to get to the beach. That doesn't seem right.
Wasn't something similar to this happening up in Malibu, Ca. years ago? I guess it's kinda like the same situation.
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mcfez
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| Quote: | Originally posted by DENNIS
And what happens when easy access isn't given to the public? Some feel entitled to cross your property to get to the beach. That doesn't seem right.
Wasn't something similar to this happening up in Malibu, Ca. years ago? I guess it's kinda like the same situation. |
Yeah....it was a requirement that there be access avenues at every so many houses there. Most beach front owners posted no trespassing signs to
attempts to "hide these access points. The city finally cracked down to due a group suing for access without duress.
Some of these accesses are between two houses were the property fence is normally!
I wouldn't cross your property DENNIS.....I'd use your porch for shade :-)
Old people are like the old cars, made of some tough stuff. May show a little rust, but good as gold on the inside.
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DENNIS
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| Quote: | Originally posted by mcfez
I wouldn't cross your property DENNIS.....I'd use your porch for shade :-) |
That's OK, Deno....I'm not on the water anyway. It's ocean view, but not ocean front although there's nothing between my house and the water except
the road to La Bufadora.
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mcfez
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Tell me you have at least a cooler box on the porch.....
Old people are like the old cars, made of some tough stuff. May show a little rust, but good as gold on the inside.
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Jim/Liisa
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If the area is privitised such as The campo we reside in.The land is owned, including beach access. I pay taxes to the feds for the use of the fed
zone, every year for the privlage of my beach front.
There are a lot of campos that are not privitised. Our Campo is gated. I'm lucky, I can walk or drive right to our Casa from our beach front And have
no body living next to me front, back or sides.
Our Campo has 3 gates leading to the beach front If some one wants access I normaly open the gate to the beach for them. not on my lot though,
that's like somone walking or driving through your back yard to the front yard.
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DENNIS
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| Quote: | Originally posted by Jim/Liisa
If the area is privitised such as The campo we reside in.The land is owned, including beach access. I pay taxes to the feds for the use of the fed
zone, every year for the privlage of my beach front.
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Do you mean you have the Concession or does your landlord? Does anybody have a Concession?
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Jim/Liisa
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Dennis,
The Landlord, the whole campo shares the taxes every year. The people in the lots away from the beach, feel it's not fair that they too have to pay
the tax.
This could in fact be tipical Bull crap from the Campo Owner, but the tax papers where read by some of the residents who speak the lingo.
All in all this could be why the access problem the beach goers and for those ownning the property.
Access not the beach
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Bob and Susan
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we have a concession
we pay money to the government every 2 months
you can block car access but not walkers
you must provide access so
all can enjoy the beach
we can control campers and pochers
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Russ
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| Quote: | Originally posted by Jim/Liisa
Dennis,
The Landlord, the whole campo shares the taxes every year. The people in the lots away from the beach, feel it's not fair that they too have to pay
the tax.
This could in fact be tipical Bull crap from the Campo Owner, but the tax papers where read by some of the residents who speak the lingo.
All in all this could be why the access problem the beach goers and for those ownning the property.
Access not the beach |
That happened at this Shell Beach too and I think some are still paying. My understanding is that it was taxes on a 15 meter strip along the beach.
You can not be denied access so why pay for something the land owner got into. I'm pretty sure it's part of the fed zone. When I bought my waterfront
lot it was never mentioned but the parcel owner next door asks for money every year from those that bought from him. It's weird but nothing has
happened to those that don't pay.
Bahia Concepcion where life starts...given a chance!
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akshadow
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I think in the Campo we are in the beach lots pay the federal zone tax as an extra payment. If your land lord says all pay then you probably pay
because they are certainly in the drivers seat. You might have a lease but you will eventually want to renew, "sell" or do some other thing.
Ron San Felipe Oct, Nov. Feb. Mar. April. remainder in Juneau Ak
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Woooosh
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A Federal Zone concession runs 11 pesos per square meter paid every year. That is the cheapest rate, for an "ambiental" just to protect the beach.
(If the land is occupied or used for profit a different type Federal Zone title is issued that can run over 30 pesos per square meter per year. I
don't blame landlords for trying to get people to chip in and share the cost, but paying or not paying the landlord will not impact his 15 year title.
If he gets tired of paying it and lets the title expire- you can bet pesos-to-tacos someone will waltz in and try to build on it. Then you will wish
you had helped pay for it.
\"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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philodog
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I`m sure the property owners only own to the street, not the street itself. Can they all decide it is now a private road? Also, any official word on
whether arroyos are public property and can they be fenced off? And what defines an arroyo?
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Bob and Susan
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whoosh...concessions are due every 2 months
there are 3 different kinds
fishing
ornamental
general
each has a different rate
concessions are not transferable
if the owner does not pay a new concessionire must apply to the government
land owner contingent to the federal zone has first choice
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Woooosh
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| Quote: | Originally posted by Bob and Susan
whoosh...concessions are due every 2 months
there are 3 different kinds
fishing
ornamental
general
each has a different rate
concessions are not transferable
if the owner does not pay a new concessionire must apply to the government
land owner contingent to the federal zone has first choice |
In Rosarito we have been paying once a year since we got the first FMZ title in 2008. We go to the ZOFEMAT office in the Rosarito Palacio and they
give us an invoice to pay at the property tax window. Maybe we are paying the full year up-front? Paying it every two months would make the cost
about $6000 USD per year instead of the approximately $1000 USD we pay for 880 square meters of "ornamental". That can't be right... I hope. Your
way comes out to 15 pesos per square meter per month, my way is 30 pesos per square meter per year. I like mine much better.
\"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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Skeet/Loreto
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Each area is a little different:
If you would like some "Legal Infomartion: of the Beach at Loreto. There is a case that was brought aganist me and Rancho Sonrisa where by the people
with Property behind me tried to force Access to the Beach.
We went to court in Constitution and the Judge ruled that "Access to the Beach through Private Property cannot be Forced.
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