private property tagged posts

Beach Entrance to Akumal Bay: Changes as of March 5, 2018

In light of the recent closure of the beach path through private hotel property and the various rumors and speculations on social media, it’s time to set the record straight. We’ve been getting various questions and have been working on getting the correct answers. Here is what we know so far:

Was the beach path in Akumal closed?

Yes. The illegal path that ran through private property was closed under a federal court order on Monday, March 5. However, there are multiple access points or “Ventanas al Mar” to get to Akumal Bay. (See the Urban Development Plan Akumal 2007-2032, page 98.)

Is Akumal Bay now closed?

No.

Is Akumal Bay now a private beach / privatized bay?

No. The beaches in Mexico are public beaches.

Why was the path by the arch in Akumal closed?

The path was illegally created two years ago through private hotel property by a group of commercial tour operators. It was never a government-recognized access point to the beach, and the property rights of the hotel were violated. It took two years in court proceedings for a resolution. Last month a federal judge issued a court order to return the property back to its rightful owner under the supervision of municipal police.

How do I access Akumal Bay now?

Image from the Urban Development Plan Akumal 2007-2032

There are two main options to access the beach:

  1. Through one of the government designated “Ventanas al Mar” or windows to the sea in Akumal. (Marked by blue diamonds on the map.) There are accesses to Akumal Bay both to the south and to the north.
  2. Through Centro Ecologico Akumal—the building beside the Akumal Dive Shop.

 

Is there a fee to access the beach?

Entering the beach through one of the “Ventanas al Mar” is free. (These windows to the sea are federal property and under the jurisdiction of the federal government.)

If beach-goers wish to enter and use the services provided at the Centro Ecologico Akumal building (washrooms, showers, lockers, lifeguards, palapas etc), they can do so according the following fee schedule:

  • Residents of Quintana Roo with identification: Free
  • Children under 6 / seniors with INAPAM identification card: Free
  • All other visitors or guests: $5USD/100 pesos.

In summary:

  • Akumal Bay/beach is not closed.
  • Akumal Bay/beach is not private.
  • Akumal Bay has several access points/paths.
  • Anyone can access the beach through the Ventanas al Mar or the CEA building.
  • “Quintanarooenses” can enter the beach through the CEA building at no cost.

As we become aware of more details, we will be sure to post.

Updates to the Illegal Beach Path in Akumal

Since 2016 when land was illegally taken from Hotel Akumal Caribe by a group of commercial tour guides and operators wielding chainsaws, axes, and machetes claiming their right to the private property, the process to reclaim the land has been in the courts. At the end of January, a federal judge passed the order that the land in fact belonged to Hotel Akumal Caribe, recognized through municipal and public records that the path to the bay is not a “window to the sea” (as the cooperatives/commercial operators claimed) and that the land is to be restituted back to the hotel.

Currently, the municipal president is defying the court order and some of the commercial operators are retaliating by launching false media campaigns.

Recently the following was published in QueQui newspaper. (Translation below.)

 

To the public opinion

Background: On August 31, 2016, various groups of commercial operators, in collusion with the City of Tulum, invaded private property belonging to the Hotel Akumal Caribe. Arguing that within said property there should be a public access to the beach (window to the sea). In the presence and with the consent of the municipal police, the merchants were introduced to the property with heavy machinery, chainsaws and machetes and demolished buildings, deforested green areas and even demolished the statue of Gonzalo Guerrero.

From the date on which this occurred, the invaded area has been used for the sale of turtle swimming tours, rent of vests and other offers of the informal vendors; This to the detriment of the ecology and the tourist image of Akumal.

The Hotel, firmly believing in the rule of law, sought to assert its property rights and the resolution of the conflict with strict adherence to the law. This process has been  long and expensive. Meanwhile, for more than a year and a half, the invaders commercially exploited the property, causing irreparable damage to the image and tourist offer of Akumal.

After a long legal process, the Second Collegiate Court of the Seventh Circuit, Cancun, Quintana Roo, determined that the ownership of the Hotel Akumal Caribe was taken illegally on August 31, 2016 and ordered its restitution. Among other things, the definitive resolution establishes that:

“… to restitute the complaining party with respect to the part of their property that was affected …”

We have full confidence in our legal institutions. The legal truth is now clear. We await the full compliance according to the law by the Municipality of Tulum. The validation by the municipal authorities of acts contrary to the law and the incitement to “continue with the struggle” is a clear challenge to federal justice and the laws of our country.

We will remain committed to the sustainable development of Akumal. Convinced that the best way to help the community is with generating jobs and attracting quality tourism. We should not devalue the tourist offer of Akumal for the benefit of the informal vendors; this does not contribute to its development. On the contrary, it directly attacks the investments that generate employment and the right of legitimate workers and businesses in the tourism sector of the entity.

Hotel Akumal Caribe

Owners, managers and workers.

Authority Confirms, No Public Access through Club Akumal Caribe

The following note was published in both PorEsto! and Novedades yesterday. Below is a translation.

THE AUTHORITY CONFIRMS THERE IS NO PUBLIC ACCESS THROUGH CLUB AKUMAL CARIBE.

ANYONE STATING CONTRARY TO THIS TRUTH IS LYING.

Some groups of Akumal are lying to manipulate public opinion and the people of Akumal when they say that the property of CLUB AKUMAL CARIBE SA DE CV is in litigation.

What they say and publish is completely “FALSE AND WITHOUT REASON.” The property of Club Akumal Caribe, S.A. of C.V. is not and has never been in litigation.

To understand the falsehoods and lies, it is important to understand the meaning of the word “litigation.” Litigation is a legal discussion before a Superior Judicial Body. The above should not be confused with “conflict” since to deny that there is a conflict would be a waste of time. However, the conflict that exists is caused by the inaction on the part of the Municipality of Tulum to enable the windows to the sea stipulated in the Program of Urban Development of Akumal 2007-2032.

The only thing that is in dispute is the constitutionality of the agreement of the Seventy-Fourth Ordinary Session of the previous Town Council of the Municipality of Tulum, Quintana Roo, held on August 29, 2016…which by the way was their last session.

The previous cabildo (town council) issued its agreement without giving any warning to Club Akumal Caribe when it had the legal duty to give a written notice to the legitimate owner of the property that was under study. This would have allowed the property the possibility to exhibit all the documents and elements of necessary proof and verify their rights and not leave it in a state of being defenseless, as in fact did happen at the moment they dictated the mentioned agreement of the previous cabildo.

Likewise, the act of the previous cabildo violates the constitutional rights enjoyed by all Mexicans. As established in Article 14 of the Constitution, it guarantees that “No one shall be deprived of liberty or property, possessions or rights, except through trial before the courts previously established in which the essential procedural formalities are complied with and in accordance with the laws issued prior to the fact.”

In addition to the above, on February 13, 2017 an official survey was issued (study for the delimitation of terrestrial surfaces) within the Research folder: FGE / QR / AMPTUL / UITUL / 09/17/2016, carried out at the request of the C. Agent of the Public Ministry of the Common Jurisdiction in Tulum, Quintana Roo, which confirms and demonstrates that within the property of the Club Akumal Caribe…THERE DOES NOT EXIST AND NEVER HAS EXISTED AN ACCESS OR PUBLIC PATH TOWARDS FEDERAL ZONE.

As a result of this official document, the agent of the Public Ministry of the Common Jurisdiction of the Municipality of Tulum granted an Order of Protection in favor of CLUB AKUMAL CARIBE SA DE CV.

Unfortunately, this order has not been complied with by the General Directorate of Public Security of the Municipality of Tulum, a situation that has generated more conflicts and intimidation on the part of some groups with personal interests and against CACSA staff as well as the repeated harassment of local visitors and foreign tourists who visit us, these occurring inside the same property of Club Akumal Caribe and before the complacency of the Municipal Police officers on duty who are supposed to protect the safety of the property.

Something very important that we have the moral obligation to clarify is that, “THERE HAS ALWAYS BEEN FREE ACCESS TO THE BEACH FOR ALL QUINTANAROENSE THROUGH THE UKANA I AKUMAL A.C. (CEA) AS WELL AS THROUGH THE 7 WINDOWS TO THE SEA ESTABLISHED IN PDU 2007-2032. “

However, it is completely false that “within” the property of Club Akumal Caribe exists or has ever existed a public access or a window of access to the sea as some groups with personal interests want to believe.

The inhabitants of the municipality of Tulum and especially the people of Akumal deserve to know the truth.

It is not fair that by false information of certain irresponsible groups the peace and tranquility of our people is disturbed. CLUB AKUMAL CARIBE only asks that what is right is respected, as legitimate owners…but above all, that irresponsible groups and the Municipal Authorities and the City of Tulum reconsider and act within the legal framework attached to the strict word of the law and not by simple populist acts outside any legal and moral order.

All this is and should be for the well-being of the people of Akumal.

Thank you very much

Akumal, Quintana Roo on March 29, 2017

Public Security Agency invades private property

The following article titled, “SP invade propiedad privada” appeared in PorEsto! on March 17, 2017. The following is a translation of the article with additional images.

The original article can be found at: http://www.poresto.net/ver_nota.php?zona=qroo&idSeccion=6&idTitulo=546737

 

Violating the rule of law, the Municipal President, Romalda Dzul Caamal, orders the police to invade private property in the bay of Akumal, by placing a module of the Police agency. The lawyers are preparing to submit the corresponding formal complaint. The fact that a municipal authority in the course of his functions and attributions enters a property without authorization or attempts to dispossess a private individual involves serious crimes for the public servant, in this case the person in charge of Public Security: accused the defending legal party. Javier de Anda Morales, lawyer and legal adviser of Club Akumal Caribe, explained that without prior notice, without authorization, without notice, the Public Security staff headed by General Director Gabriel González Ornelas arrived in an inappropriate manner.

“They are overlooking a lot of information about the scope of their functions and attributions that causes such action, because if the place where they placed the module was a public access, they would already have had it under their control, without the need for an agreement from Town Council, he said. So it is that a tow truck transported the module of information and surveillance, and was set down inside the property, which belongs to the Club Akumal Caribe, trying to dispossess a private individual, which implies a violation of fundamental rights and human rights. “Obviously such an action constitutes an act of dispossession, on the part of the municipal authority headed by Romalda Dzul and against private property and a hotel, the relevant thing is that the module is placed just at the entrance of the hotel and the first view of the hotel is the Public Safety module, “he said.

The mobile police module enters Akumal and is parked on private property without notification or permission.

The lawyer recalled that a complaint was filed in the past on September 5, 2016, since on that occasion individuals with a tractor, entered the property and destroyed several palapas, claiming an alleged public access to the beach, although it has been stated that in that part there is no public access.

“However, such an act was done after an agreement of the Town Council, agreement that is in the courts, being totally illegal and that it is a confiscatory act, because without having any legal basis or proof, they go and say that it is a public access, being that in the PDU, it is not marked a public access, not even close to the property of Club Akumal Caribe, “he said.

He further explained that the Public Ministry has issued an “Immediate Response” order to the Public Security Agency, who instead of complying with the order, which was never called for by the complaining party anyway, now have placed a module saying that it is to somehow to protect the security of the people, in which it is not agreed since it implies the violation of the rights of the one that has possession, and implies the dispossession of a property. “As is now the case of the Club Akumal Caribe, unfortunately it is considered a political issue rather than a legal one and precisely, instead of bearing the political obligations, which would in any case be respecting property rights, they are protecting a series of individuals, violating property rights of a hotel that generates many jobs, “said the lawyer. At the same ceremony Armando Couto Chevert, representative of Akumal Caribe, recalled that on August 31, 2016 they were stripped of part of the property, where individuals destroyed part of the facilities to make an access to the beach, after stating that it is an access, but by no means has it ever been public.  At this point, individuals are still there day and night standing guard, intimidating the hotel staff.

After this action of last Thursday of the invasion by a module of Public Safety, the director was asked to remove the unit to another location, who only said that they would verify, and it is currently the front view of the hotel property.

The aggrieved party shall submit the corresponding complaint, putting the facts before the knowledge of the authority, who must determine whether or not it is, nevertheless, consider that any irruption to a private property without authorization, as in the above cited, constitutes a crime.

Perimeter Fence in Akumal Disrupted by Threats and Property Damage

The following is the translation of the article printed in the PorEsto! on March 4, 2017

A Perimeter fence in the Ukana I Akumal Center

After a mesh fence was placed as delimitation of property, located in the Bay of Akumal, the Federal Office of Environmental Protection (Profepa) was observing the work, to verify if it meets the procedures and not expanding to the Federal Zone Land Maritime (Zofemat). The private property of the Ukana I Akumal, A.C. Center, also known as the Centro Ecológico Akumal (CEA), has been officially acknowledged by the Public Prosecutor’s Office of the Common Jurisdiction (MPFC) to protect private property.

So the work began on the installation of a perimeter fence that, it should be clarified, has nothing to do with public access to the beach. It was during the morning of Friday that there were moments of tension in the Bay of Akumal, on one side the established businesses and on the other side some inhabitants that work in that coastal part, although the presence of the Mexican Navy was noted as well as staff of Profepa who took photographs of the actions and in turn to verify if the functions carried out comply with the regulations. This dependency maintains

Supervision in the area; the municipal police was also present, and on the other hand the private security and lawyers to delimit the property.

On the 15th and 21st of February 2016, the Ukana I Akumal Center, also known as the Akumal Ecological Center, attempted to delimit the boundaries of it’s property which is an exercise of a legitimate right. Although it is fundamentally the right to do what each person considers appropriate with the things of his property, there has been a reaction from various informal commercial groups that prevented the property from fencing, threatening with machetes, damaging and destroying what is not their property although it was clarified that this measure has nothing to do with public access to the beach, as it is only a simple perimeter fence.

For this reason, the corresponding complaint was made to the competent Public Prosecutor’s Office, which issued an order on 25 February 2017. A protection measure is hereby applied in favor of Centro Ukana I Akumal Asociación Civil, also known as Centro Ecológico Akumal (CEA) (ic), represented by Javier de Anda Morales, Lot 01 Manzana 11 Región 1 Bahia de Akumal.