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toneart
Ultra Nomad
Posts: 4901
Registered: 7-23-2006
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Mood: Skeptical
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I have not commented on this topic because I have no way of knowing the real truth. So, my opinion doesn't matter.
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Diver
Ultra Nomad
Posts: 4729
Registered: 11-15-2004
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| Quote: | Originally posted by toneart
I have not commented on this topic because I have no way of knowing the real truth. So, my opinion doesn't matter. |
Finally somethiing I can agree with in this thread ! 
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ramuma53
Banned
Posts: 793
Registered: 2-27-2003
Location: Mulege B.C.S. Mexico
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Sorry Pescador, but to talk you have to know.
A concession is the right to DO the activity being allowed by it, but it does not mean you own the place; if you build a ramp in Federal Zone, you are
building on Public property and the instant you build it, it belongs to Public Property and nobody can charge for the use of public property or deny
the use of public property. Also there can be several different concessions for different people on the same area, for different uses. The ignorance
of the law is what makes Olivia make so many mistakes, but it is as easy as to just read the concession papers.
Today those guys not allowed to use the ramp, talked to the Federal Zone and Mulege City officials, they asked them to make a formal complaint against
the American, who did, that because it is a Federal Offense, a city violation and a Federal Zone violation; the City major will watch that the
District attorney do fallow the law in this case because there have been too many incidents on that restaurant El Zargazo where the law was not
applied.
The Federal Zone officials also said that Olivia came to them to try to force me to tear down my perimeter fence, but they denied to act because I
have proved my property rights beyond any doubt and confirmed that it is unlawful to deny the use of the ramp to any person, since Olivia and Mark
only have the right to use it, also said that the ramp is not on Federal Zone, it is in Marine Zone that is National Property, Federal Zone is the
strip that start where the high tide water ends and the beach start, where the water at high tide start, is Marine Zone not Federal Zone and
absolutely nobody can prohibit the access to a Marine Zone.
Also Mark (American) and Olivia (Mexican) are lying about not charging or pretending not to charge for people having lunch at the beach, they
continually try but are not allowed by us, at least in front of my hotel, we have stopped them hundreds of times, specially Mark and think how a
Mexican National feel when an American come and talk to him in English and try to charge him for the use of the beach or out with the police, he had a
lot of problems with people, but he is good at intimidating people, specially women, those are his specialty.
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ramuma53
Banned
Posts: 793
Registered: 2-27-2003
Location: Mulege B.C.S. Mexico
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Mark, why dont you take me to court to make me tear down my fence? or why don't you complain in criminal court for me putting it up?
O but you did try it, but were turned away because you have no right to any land and I have demostrated that I own the place; wel keep trying.
I put the perimeter fence around my property because it is my right to do so and you weren't able to do anything against it, because you are not the
owners of anything.
At this time you only have the right to use the Federal Zone to sell food but ONLY in movable structures, in other words in a movable cart, not in
permanent buildings, that is against the law because you deny the right to use it to other persons, just read your concession.
I know you were bribing the Federal Zone guys, but new and honest are coming from Mexico City to see if you are using the Federal Zone in the way you
are allowed to, and do you know why they are comming, because your newspaper articles
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ramuma53
Banned
Posts: 793
Registered: 2-27-2003
Location: Mulege B.C.S. Mexico
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For those that remember the Turtles, Mexico City District Attorney asked today for the Loreto District Attorney to officially inform about the people
who were caught in the act of commiting a federal crime, where are they in jail,? what fines were applied? and to ask for a more detailed inspection
of the crime site that must at this time, be closed, because it was a crime site.
I would like to see how the Public attorney explain to his superiors that he allowed Olivia to walk on bail after commiting a heavy crime (jail
penalty of 6 or more years, this one is 12).
For those who will ask who asked for the new action, the Nature groups did it and the Fisheries department also.
This is just begining. The turtles claim revenge.
[Edited on 4-29-2009 by ramuma53]
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vandenberg
Elite Nomad
Posts: 5118
Registered: 6-21-2005
Location: Nopolo
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Mood: mellow
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Video at 11
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fishbuck
Banned
Posts: 5318
Registered: 8-31-2006
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Ya know, I feel bad for the poor turtle. But I must say that I don't think it's worth ruining a ladies life for.
I like turtles. I'm always facinated when I'm out fishing and see one. But there is a huge difference between a human and a turtle.
I don't have a clue how that turtle got into a pot and a soup bowl. But I don't think Olivia would hurt a turtle.
I don't know any of these people. "I don't have a dog in this fight".
I would love to see this sad episode end.
"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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Al G
Ultra Nomad
Posts: 2647
Registered: 12-19-2004
Location: Todos Santos/Full time for now...
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Mood: Wondering what is next???
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| Quote: | Originally posted by DENNIS
| Quote: | Originally posted by Marla Daily
Off topic: Any thread have more hits than this in such a short time? |
Top 5 most viewed topics:
Tropical Storm John (64870)
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Henrietta (28642) |
Top 5 most replied to topics:
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Participation tells a another story...1020 posts says we had fun.
Albert G
Remember, if you haven\'t got a smile on your face and laughter in your heart, then you are just a sour old fart!....
The most precious thing we have is life, yet it has absolutely no trade-in value.
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JESSE
Ultra Nomad
Posts: 3370
Registered: 11-5-2002
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| Quote: | Originally posted by ramuma53
I would like to see how the Public attorney explain to his superiors that he allowed Olivia to walk on bail after commiting a heavy crime (jail
penalty of 6 or more years, this one is 12). |
Thats the fastest conviction ever in the Mexican judicial system.
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Lauriboats
Senior Nomad
Posts: 563
Registered: 9-6-2006
Location: Mulege/Bahia Asuncion
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Mood: Loving life in Baja
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Olivia and Mark,
So sorry to read about all of this garbage. Remember that good things happen to good people and like everything else you have gone through this will
all get sorted out in the end. I Just wanted to let you know that I support you 100%, hang in there my friends.
What we see depends mainly on what we look for.
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Alan
Super Nomad
Posts: 1626
Registered: 4-6-2005
Location: Yucaipa, CA/La Paz
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| Quote: | Originally posted by ramuma53
Sorry Pescador, but to talk you have to know.
A concession is the right to DO the activity being allowed by it, but it does not mean you own the place; if you build a ramp in Federal Zone, you are
building on Public property and the instant you build it, it belongs to Public Property and nobody can charge for the use of public property or deny
the use of public property. |
Sorry ramuma, I'm with Pescador on this one. Let me know when you plan to launch your boat. I'd love to just watch you try to explain your "rights"
to Guillermo (BoLA) or at any of the marinas in La Paz or CSL. That entertainment would even be better than this thread!
In Memory of E-57
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ramuma53
Banned
Posts: 793
Registered: 2-27-2003
Location: Mulege B.C.S. Mexico
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Alan
Then you found a general problem that need to be corrected, one thing is what people do and other what the law says and we should do what the law says
not what people do wrong.
Also there is a big diference between charging for services rendered and other control and forbid the use of public property to any person; is like if
a bus driver just because he don't like you could forbid you boarding that bus.
The law says that public property is for public use and not concesionable; when there is a public option you can build a private marina and you can
charge for the marina services, the actual act of puting a boat in the water by your own means must not be charged.
Of course we know that in a lot of places where there are a lot of marinas, people control the access to the property and that way they control the
access to the marina, but you have to own the land and build the marina; here we are talking about a federal concession to be used as movable sales
point, not with fixed structures only and even if you are allowed to use it that way, you can not forbid the use of public property.
Mayve if you know the law you can defend yourself when those guys charge you for something they should not.
Another fact is that in private marinas, the Federal Zone is only 3 mts. and those 3 mts. are public property and should have public access.
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ramuma53
Banned
Posts: 793
Registered: 2-27-2003
Location: Mulege B.C.S. Mexico
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I see here an almost general state of mind that you accept in Mexico for things to be wrong and continue to be wrong, but you actually don't like it
and criticize Mexico for the wrong things beng sarcastic about it.
In other words, you don't like it but you accept it and even want the status Quo.
Sorry my friends but Mexico is changing because people want it to be the right way and require actions to correct things not acceptance.
The way we should act is in the law because that is the accepted way and if something is not done acording to that and you don't like the law, just
take it to your lawmaker and see if a lot of people feel like you.
Now two turtles being cooked is not grave enough to pay pealties because it is an old lady who breaks the law; well, it is easy, just don't break the
law if you can not face the music.
I know that justice in Mexico is selective and slow but we want to change that or not; are you happy this way?
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Cypress
Elite Nomad
Posts: 7641
Registered: 3-12-2006
Location: on the bayou
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Mood: undecided
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Yea, How do you go about using the launch ramp at Escondido?
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ramuma53
Banned
Posts: 793
Registered: 2-27-2003
Location: Mulege B.C.S. Mexico
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I just checked on the mechanics that Private Marinas use to charge, while being inside the law.
Since they OWN the private property surrounding the marina, they have the right to control the vehicles access, the law ask for public access to
Federal Zones, but only on foot not in a vehicle, so they can charge you for crossing the private property with the vehicle, not for the actual act of
puting th boat in the water, but for the vehicle access through private property.
If you dont OWN the land surrounding the federal zone you do not have that option.
The unchanging facts is that you can not charge or prevent anybody from using Federal Zone, because it is Public Property. You have a concession and
concession means that you are allowed to use it, not to prevent other people from using public property.
So in this case I can charge for crossing my private property in a vehicle but they can not charge for putting the boat in the water.
As you know there are taxes involved, just ask any body to give you a legal receipt for putting the boat in the water, they wont do it, they will
charge you for using private property with a vehicle.
Olivia of course never give a legal receipt and that is tax evation.
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Cypress
Elite Nomad
Posts: 7641
Registered: 3-12-2006
Location: on the bayou
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Mood: undecided
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I see. It's an easement issue. Can the public use the launch site? If not, who's blocking it? Why?
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rob
Senior Nomad
Posts: 509
Registered: 10-19-2004
Location: Pacific Coast, BCS
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"The unchanging facts is that you can not charge or prevent anybody from using Federal Zone, because it is Public Property. You have a concession and
concession means that you are allowed to use it, not to prevent other people from using public property."
If this were true, there would be no point whatever in obtaining a ZFMT concession - it is nonsense.
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ramuma53
Banned
Posts: 793
Registered: 2-27-2003
Location: Mulege B.C.S. Mexico
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Sorry, but if you have no Federal Zone Concession, you would not be able to use the federal zone to sell anything on it; this way she can sell food,
not alcohol as she do illegally because she has no permit for that, but she can sell food and rent umbrellas or tables or chairs, that is all that
her concession allows her to do; she cannot build anything on it and I mean anything that she cannot move every day out with her when she go out of
public property.
Also this is not for believing or not, those are legal public matter issues, just ask any Mexican attorney near you; laws are not for people who
believe in them, are for everybody.
Just go in front of any hotel in Cabos and see that they do not prevent you from using the beach even if they have the concession; they only have
movable structures on it; that is why Olivia is getting in to so much problems, she is acting as if she owned something, she is not.
There are several types of Federal Zone concessions, general or for embellishment purposes, in other words just to have it as a public garden in front
of your house. Olivia has a General and restaurant, that means that she can sell anything legal on the beach using movable structures; she does not
own anyhing there, she is just allowed to sell things in federal zone, that is it.
And of course she can not sell turtle stew or drugs as she is doing now.
[Edited on 4-30-2009 by ramuma53]
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DENNIS
Platinum Nomad
Posts: 29510
Registered: 9-2-2006
Location: Punta Banda
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gosh darn...........don't you have a job or something else to do?
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ramuma53
Banned
Posts: 793
Registered: 2-27-2003
Location: Mulege B.C.S. Mexico
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Why are you reading it, don't you have a job either?.
No, I just review the post from time to time and try to answer the questions; also, everybody hold against me that I don't come in and comment very
often, so here I am.
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