“They will regain their property” reads PorEsto! article

They will regain their property” is the headline found in the PorEsto! in the September 9, 2016 edition. The original Spanish content is online HERE. What follows below is a translation of this article.


 

AKUMAL, TULUM, September 8, 2016—At a press conference organized by the managers of Centro Ecológico Akumal (CEA), the Asociación de Hoteles de Tulum (AHT) and representatives of Hotel Akumal Caribe, it was announced that legal action will be taken in adherence to the law regarding the access which was opened in Akumal, after the council of Tulum approved its opening and reversal of the means and bound document  this past August 29 which the pobladores say is a “window to sea,” although the legal entity that is part of a lodging center where the path was opened, declared it is  private property.

Therefore, Armando Couto Keever, legal representative for Laura Bush, who owns the hotel Akumal Caribe, said that the access that the pobladores were fighting for on paper is the part  that adjoins to the private property of the CEA which is in conflict, so it is part of the property belonging to the lodging center that has been invaded.

“We are asking the authorities to do their job and everything depends on how circumstances arise, but obviously it comes down to recovering property, because that opened access is part of Akumal Caribe,” he said.

He also mentioned that in the coming days they will proceed according to the law and will not allow people to access property that he alleged belongs to the hotel.

Asked whether private security personnel would be hired to prevent the passage of people, Couto Keever said that that it is not up to him, and the only intention “is that people do not pass if it is not a public access.”

In addition, with respect to the suspension granted by a judge, following an application  of appeal, submitted  after the events carried out by the pobladores this past August 31 with the presence of the police protection, and that the closing of this access would go against the process, the interviewee replied that they expect the lawyers to proceed according to the legal process they are carrying out.

Recalling that on the seventy-fourth session of the council of Tulum, held this past August 29, under General Business, the pobladores lobbied the council to approve the reopening of a public access to the bay, because in past years they have alleged that it is a window to the sea.

During that session, seven aldermen and one trustee voted to revoke the content of the “document” number  DC/DTC/201/2013 dated August 26 2013, effectively backdating the effects of the means and boundaries before that date, and proceeded to open this access.

As a result of that vote, the legal council of the hotel stated that the action by the city of Tulum to declare the revocation of this document, several irregular actions occurred: First, the statement to overturn the said “document” was made without substantiating any proceedings which meet essential formalities established by law.

As well, this agreement also resulted in the confiscation of private property, and depriving the right of private ownership of a particular part of the property and made use of it without having acquired it through expropriation proceedings or through other legal means of  acquisition.

In addition, the council of Tulum lacks the power to determine the revocation of that “document,” as in accordance with the Law of Land Registry of the State of Quintana Roo, the council of Tulum has the authority to resolve appeals of revocation proceedings brought against their own actions and decisions and generally not those that are brought  against acts and decisions made by other  municipal authorities.

Note that this clearly suggests that in the next few days this access to Akumal beach could close, for which the dispute whether it is public or private has gone on for various years, so with that, there could be another confrontation with acts of violence.