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 News from Around Banderas Bay | January 2006 
Homeowner's Group Charges Collusion and Corruption
 Just Obey The Law
| "The enormous impact of this action not only affects this community, but calls into question the security of any real estate investment in Mexico."
-Sabrina Tourtlotte | 
| | This is the dredging machine that takes the sand from the other side of the levy to back fill the "new 60 meters of landfill." |
La Cruz de Huanacaxtle, Nayarit - Imagine pouring your life savings into building an oceanfront home only to have someone move the ocean. Impossible? In Mexico, perhaps not. "What appears to be collusion between wealthy investors and government officials is allowing the theft of waterfront property rights here," says Ernesto Uzcanga, attorney for the group of American, Canadian and Mexican homeowners. "Their waterfront property rights are being violated by a marina developer while local, state and federal officials appear to ignore the developer's illegal actions."
As baby boomers have started turning 60 this year, more and more Americans dream of retiring to a home by the sea. Many have come to believe purchasing that home "south of the border" in Mexico would be a safe thing to do. The homeowner's group, Concerned Citizens of La Cruz, in the Pacific fishing village of La Cruz de Huanacaxtle on the Puerto Vallarta Bay would offer advice to the contrary.
In October 2005, a marina developer began filling in the ocean in front of the current homeowners' properties by erecting a levee and importing landfill. Having paid to live directly on the waterfront, the homeowners are angered by the developer's attempts to create new beachfront property - and eventual structures - in front of their homes.
Homeowners living in the area have all the proper documentation of ownership to their waterfront properties as stated in their escrituras (titles) and have paid their Zona Federal, which authorizes their usage of the waterfront, for years.
Attorney Uzcanga adds, "Our discovery process has revealed that the Marina Developer does not have the authorization or permits to do work in front of the homeowners. Local, state and federal officials have chosen not to enforce the law to date and stop the work. It is simply a land grab designed to profit the developer and their supporters and must not be allowed to stand." The attorney has filed complaints and accusations with all relevant government agencies, criminal charges have been filed in Superior Court, and contact has been made with the office of President Vicente Fox with little to no response to date. The landfill and relocation of the ocean continues unabated.
One of the owners, Sabrina Tourtlotte, claims, "The enormous impact of this action not only affects this community, but calls into question the security of any real estate investment in Mexico, which would be unfortunate. We don't oppose the marina, as we know that would be good for the local economy. We're only asking that the law be enforced and the illegal landfill removed from in front of our homes."
Tourtlotte concludes, "Visit our website at www.justobeythelaw.com and take a look for yourself. If this can happen to us, it can happen to anyone which would, indeed, make investment in Mexico unsafe. We are pleading with officials to step up, do the right thing and put a stop to this injustice. Thus far, our pleas remain unanswered."
For further information visit www.justobeythelaw.com. |
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