 |
|
|
 News from Around Banderas Bay | January 2006 
Developer Land Grab Puts Mexico’s Legal System on Trial
 L. Ernesto Uzcanga - CCC Homeowner's Attorney
| | Children playing in stagnant water. Unhealthy! |
La Cruz De Huanacaxtle, Nayarit — "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 a group of Mexican, Canadian and American homeowners.
"Anyone who suggests the work being done in constructing the La Cruz Marina is legal is absolutely wrong." says Uzcanga, "This week our long-standing claims of illegal action were confirmed when we were provided with conclusive proof by officials at SEMARNAT, the overseeing government agency of such projects."
In October members of Concerned Citizens of La Cruz (CCC) noticed that a marina developer, the La Cruz Yacht Club (CYC), was filling in the ocean in front of the their properties by erecting a levee approximately 80 meters out into the ocean and importing landfill.
Having purchased property directly on the water, as documented in their escrituras, the CCC members object to the developer’s attempts to create new beachfront property in front of their homes.
"Our discovery process has revealed that the marina developer does not have the authorization or permits to build in front of our members," said the CCC’S Uzcanga. "The marina construction was originally designed to take only the beach in the village’s harbor. The CYC extended their plans to include two more sections of beach, in front of the homeowners, for which it has no permits and to which it has no legal right.
SEMARNAT confirmed those facts this week by providing the Certified Concessions granted the developer showing no authority to work in front of the homeowners. Local, state and federal officials have chosen not to enforce the law and stop the work. It is simply a land grab designed to enrich the developer and must not be allowed to stand."
Homeowner Sabrina Tourtlotte claims "The enormous impact of this unprecedented action affects not only this community, but unfortunately calls into question the security of any real estate investment in Mexico. We don’t oppose the original marina plan as we believe it would benefit the local economy. We’re only asking that the law be enforced and the illegal landfill removed from in front of our homes."
In November CCC attorneys requested investigation and filed complaints with PROFEPA and SEMARNAT, government agencies with responsibility for such projects. It required intervention by the Municipio de la Bahia de Banderas to force the developers to reveal their plans. Review of the documents revealed many irregularities, lack of permission to build in front of the CCC homes and outright corruption of the legal system, Uzcanga said.
In December CCC attorneys filed accusations with the national offices of PROFEPA, SEMARNAT and SCyT. They asked President Vicente Fox Quesada for relief and filed criminal actions against the developer in Superior Criminal Court., claiming illegal construction and charging CYC, its lawyers and investors with criminal violations of federal laws.
Little relief has come from officials. "Now that the truth has been exposed, we call upon President Fox and the officials of SEMARNAT, PROFEPA and SCyT to immediately reverse this injustice and direct the contractor to remove the illegal infilling of the beach and restore waterfront property rights to those who legally own them," said Uzcanga.
"Visit our website at www.justobeythelaw.com" Tourtlotte said "and take a look at the destruction for yourself. If this can happen to us, it can happen to anyone and would, indeed, make investment in Mexico unsafe."
Contact: Attorney L. Ernesto Uzcanga
Puerto Vallarta, Jalisco, Mexico
Tel: 01 322 132-7981 (cellular) |
| |
|
Vallarta Weddings
Tell a Friend
Site Map
Print this Page
Email Us