Tuesday, April 23, 2013

A little history while we wait


Here's an excerpt from the book The Magic of Careyes which is basically a coffee table foto album but does have some info on the history of Careyes and the Costalegre:

The Jalisco coast had remained pristine until 1944, halfway through the twentieth century, when the state governor, General Marcelino García Barragán, introduced an initiative called Marcha hacia el mar (“March to the Sea”). García Barragán had a road built from Guadalajara to Melaque, to allow ranchers to settle that part of Jalisco. He himself claimed ownership of a beach called El Tecuán. The story of the coastal colonization he initiated would later become the subject of Agustín Yáñez’s novel La tierra pródiga (“The Prodigal Land”), written in the late 1950s, during the years that Yáñez himself served as governor of Jalisco.

In his novel, Yáñez reflected on the natural resources of the state’s coastal regions, which had been monopolized by lumber companies, land usurpers, cattle thieves and horse thieves. He was very skeptical about colonization, after seeing the destruction that the March to the Sea had caused in Melaque: “Heavy equipment kept arriving […] advancing heavily, slowly, inexorably. They tore down trees, broke down mountains, filled abysses. […] Monstrous tractors, gigantic bulldozers, colossal scrapers and enormous dump trucks. They came from the East, the North, the South, marching toward the sea.” Yáñez’s world was peopled with fascinating, crooked caciques (land owners) such as El Amarillo, the novel’s main character, based on Rodolfo Paz Vizcaíno, owner of Tenacatita ranch. Guillermo Gargollo knew him well. “The legend (of his own fabrication) has it that he was a brutal man, who had killed many people. Later, I realized it wasn’t true, but still, we were scared of him.”

On one of Gargollo’s trips to the coast, he discovered that Paz Vizcaíno had stolen their equipment in Cuixmala in order to build access roads to the beaches in Tenacatita. He built a hotel there and named it Los Ángeles Locos . Paz Vizcaíno had always been a fortunate man, but he never had the chance to stay at that hotel, and ended up losing it along with the rest of his properties, which were repossessed after he was charged with fraud involving the Banco Regional de Crédito de Occidente. The story did not end well: he was sent to prison, and then to a mental hospital, or so they say.

Monday, November 26, 2012

Latest from Dobie

In a nutshell, the amparo was lost because the judges said the plaintiffs weren't able to prove possession before 1999 when possession was given to la Sra. Paz Gotazar after she won the amparo against the ejido. She never took possession. Although the lawyers submitted documents proving possession (in some cases) before that date the judge ruled that the ejido had no legal right to transfer properties since they never owned the land, therefore the papers of cesion de derechos from the ejido weren't valid.

The lawyer said, "It is illegal for the District Court to raise the validity of the documents that supported the legitimacy of the possession, because that is not the subject matter of our amparo claims. The validity of such documents must be discussed in a civil court, where the parties would be able to produce arguments and evidence to support the validity of the same".

Three of the plaintiffs have titles or fidecomiso for their properties. The titles were granted starting in 2006, signed by the President of Mexico. These 3 can go through another process to demand from the federal government indemnification for their losses, since the it was the federal government that gave them the titles.

The lawyer says, "We disagree with the court ruling. We believe it creates an absurd, and that it leaves defenseless bona fide acquirers. We are really frustrated and disappointed of our courts". (He writes in English for the benefit of the non-Spanish speakers. As you can tell, English is not his native language.

Oddly enough, some members of the ejido have won their amparos, however their lots are not in the 42 hectares.They have a judges order saying that Rodenas has to allow them to take possession of their lot and fence it. But so far no judge has showed up on the assigned dates to enforce the judicial order. There are many different lawyers and individual amparos involved in this case. Also the ejido as a whole has an amparo which would affect all properties that were on ejido lands.

El Registro Agraria Nacional (RAN), that expedites the titles, says the titles are valid. By studying the original documents, they have finally delineated the 42 hectares that Rodenas bought. It's a rectangle with 4 points, N,E,S,W. The papers have been falsified to show more than double that amount of land, and now there are over 50 different reference points.

Meanwhile the amparo that Rodenas filed against the municipio of La Huerta and SEMARNAT regarding the concession of the beach, has yet to be resolved.

This is surely the long and winding road.....as we approach our 3rd holiday season with no beach. However, there are excellent restaurants at the boca del rio (La Mosca and Chely) and the river is delightful for cooling off; but please don't go in the ocean there - it's dangerous.

dobie

Tenacatita Cerrada



Sunday, May 20, 2012

Demonstration for Tencatita May 21st

There's going to be a big demonstration tomorrow evening in Guadalajara, winding up at the Televisa station at 8 PM, before the gubernatorial candidate for the PAN, Fernando Guzman Perez shows up for a scheduled interview.

Guzman Perez was an accomplice in sending state police to violently evict tourists, and locals when he was secretary to governor Emilio Marquez. Now he's running for governor. The demonstration will call attention to his actions in Tenacatita and to demand that the gate be taken down to allow free access to the beach and that Rodenas pay for all damages incurred.

For up-to-date information on Tenacatita and the demonstration, there's a new blog:
www.tenacatita-libre.blogspot.com

Dobie


Tuesday, April 10, 2012

It is Official

Diario Oficial de la Federación

DOF: 10/04/2012

ARTICLE ONE. - is intended to serve the H. Municipal Council of La Huerta, Jalisco, the area of 294,126.46 m 2 of federal maritime land and reclaimed land, located at Beach and Divisadero Tenacatitla  population The Rebalsito, Municipality of La Huerta, Jalisco, for recreational use , public beach and boardwalk, whose technical and topographical description is as follows:

ARTICLE TWO. - This agreement only gives H. Municipal Council of La Huerta, Jalisco, the right to use the area used to accomplish the objective stated in Article I of the present instrument, not a transfer of title or create any real right in favor of the recipient.

ARTICLE THREE. - The Secretary of Environment and Natural Resources, at any time, you can define again the federal maritime land, why the coordinates of the vertices, directions and distances of the polygon comprising the acreage may be modified .

ARTICLE FOUR. - In the event that the H. Municipal Council of La Huerta, Jalisco, gave the federal maritime area of land and reclaimed land that is intended for a use other than that provided in this Agreement without the prior permission of the Ministry of Environment and Natural or stop using it or need it, that property with all improvements and accessions will retire from his service to be administered by the latter.

ARTICLE FIVE. - The Secretary of Environment and Natural Resources, within the scope of their duties, will monitor the strict enforcement of this Agreement.

TRANSIENT

ONLY. - This Agreement shall enter into force on the day following its publication in the Official Journal of the Federation.

Given in Mexico City, Federal District, twenty-ninth day of February two thousand twelve. - The Secretary of Environment and Natural Resources Juan Rafael Elvira Quesada .
 
Diario Oficial de la Federación
Related Posts with Thumbnails
Tenacatita - located on the northern end of Bahia Tenacatita. Normally a calm beach for water activities and is lined with seaside restaurants. La Mora beach, sometimes known as 'The Aquarium' is the best snorkling beach on the 'Costalegre' (Costa Alegre)

Sparks Costalegre
Costalegre Blog
Tenacatita Libre
Tenacatita Bay Bugle