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GENERAL LAW OF NATIONAL GOODS
New Law published in the Official Journal of the Federation on May 20, 2004
Last reform published DOF 07-06-2013
Effective note: The addition of Article 153, published in DOF 07-06-2013, shall enter into force on 7 July 2013 |
VICENTE FOX QUESADA, President of the United Mexican States, to its inhabitants known:
That the Honorable Congress of the Union, has served to address the following
DECREE
"THE GENERAL CONGRESS OF THE MEXICAN UNITED STATES, D E C R E T A:
THE GENERAL LAW OF NATIONAL GOODS IS EXPNDT
UNICO ARTICLE.- The General Law of National Goods is issued, to remain as follows:
GENERAL LAW OF NATIONAL GOODS
TITLE FIRST
GENERAL PROVISIONS
ONLY CHAPTER
ARTICLE 1.- This Law is of public order and general interest and aims to establish:
I.- The assets that constitute the Nation's heritage;
II.- The regime of public domain of the goods of the Federation and the buildings of the decentralized agencies of federal character;
III.- The distribution of competencies between the administrative dependencies of buildings;
IV.- The bases for the integration and operation of the Federal Real Estate Administration System and the Federal Real Estate Information System and Parastate, including the operation of the Public Registry of Federal Property;
V.- The rules for the acquisition, titration, management, control, surveillance and disposal of federal buildings and property of entities, with the exception of those regulated by special laws;
VI.- The basis for the regulation of movable property owned by entities, and
VII.- The normativity to regulate the performance of avalanches on national goods.
ARTICLE 2.- For the purposes of this Act, it is understood by:
I.- Dependencies: those that the Organic Law of the Federal Public Administration determines as such, including, where appropriate, its unconcentrated organs;
II.- Real estate managers: the Secretariat and the Secretariat of Government; Environment and Natural Resources; Communications and Transportation; Public Education, and Agrarian Reform, which, in relation to the federal buildings of their jurisdiction, will exercise the powers that this Law and the other laws entrust to them. Any dependencies that are destined for your federal real estate will not be considered to be real estate administrative dependencies;
III.- Entities: the parastatal entities that with such character determines the Organic Law of the Federal Public Administration;
IV.- Federation: the order of government that in the terms of this Law exercises its powers in matters of national goods, through the legislative powers, Executive or Judicial;
V.- Public institutions: the organs of the Legislative and Judicial Powers of the Federation, the Federal District and the States; entities of the Federal Government, Federal District Government, state and municipal authorities; the Office of the Attorney General of the Republic; the administrative units of the Presidency of the Republic; and federal or local with autonomy granted by the Political Constitution of the United States of Mexico or by the Constitutions of States;
VI.- Target institutions: the public institutions that are intended for their federal real estate;
VII.- Federal furniture: the land with or without construction of the Federation, as well as those in which it exercises possession, control or administration owner. Any land or buildings owned by third parties which, by virtue of any legal act, owns, controls or manages the Federation shall not be considered to be federal buildings;
VIII.- Federal and parastatal real estate assets: the set of federal buildings and those owned by the entities, and
IX.- Secretariat: to the Secretariat of the Civil Service.
ARTICLE 3.- They are national goods:
I.- Those mentioned in Articles 27, fourth, fifth and eighth paragraphs; 42, fraction IV, and 132 of the Political Constitution of the United Mexican States;
II.- The Common Use Goods referred to in Article 7 of this Act;
III.- The movable and immovable property of the Federation;
IV.- The movable and immovable property owned by the entities;
V.- The movable and immovable property owned by federal institutions with legal personality and own assets to which the Constitution Mexican policy gives them autonomy, and
VI.- Other goods considered by other laws as national.
ARTICLE 4.- The national goods shall be subject to the public domain regime or to the specific regulation that they point out in the respective laws.
This law will apply to all domestic goods, except goods regulated by specific laws. With regard to the latter, this Law shall apply as not provided for by such orders and only in that which does not object to them.
are considered to be goods regulated by specific laws, among others, that are transferred to the Service of Administration and Disposal of Goods in accordance with the Federal Law for the Administration and Disposal of Public Sector Goods. For the purposes of the penultimate paragraph of Article 1 of the aforementioned Law, the goods subject to the public domain regime established by this order shall be understood to be transferred to the Service of Administration and Disposal of Goods, continue in that regime until they are disembodied in terms of this Law.
The movable and immovable property of the institutions of a federal character with legal personality and own patrimony to which the Political Constitution of The United States of Mexico grants them autonomy, they are inembargable and imprescriptible. These institutions shall, in accordance with their specific laws, establish the provisions governing the acts of acquisition, administration, control and disposal of the goods mentioned. In any event, such institutions shall process the registration of the securities referred to in section I of Article 42 of this Law, in the Public Registry of Federal Property.
The archaeological monuments and historical and artistic monuments owned by the Federation will be regulated by this Law and the Federal Law on Monuments and Zones Archaeological, Artistic and Historical.
ARTICLE 5.- In the absence of any express provision in this Law or any other provisions of this Law, the Federal Civil Code shall apply, as appropriate, the Federal Law of Administrative Procedure and the Federal Code of Civil Procedures.
ARTICLE 6.- They are subject to the Federation's public domain regime:
I.- The goods referred to in Articles 27, fourth, fifth and eighth paragraphs; 42, fraction IV, and 132 of the Political Constitution of the United States Mexicans;
II.- The Common Use Goods referred to in Article 7 of this Act;
III.- The island platforms in the terms of the Federal Law of the Sea and, where appropriate, of the international treaties and agreements of which Mexico is part;
IV.- The bed and subsoil of the territorial sea and inland marine waters;
V.- The nationalized properties referred to in the Transitional Article 17th of the Political Constitution of the United Mexican States;
VI.- Federal buildings that are intended in fact or through a legal order to a public service and the buildings are equivalent to these to this Act;
VII.- The vacant land, national and other immovable property declared by the law inalienable and imprinted;
VIII.- Federal buildings regarded as archaeological, historical or artistic monuments in accordance with the law of the matter or the declaratory corresponding;
IX.- Natural or artificially earned land, rivers, streams, lakes, lagoons, or national-owned staves;
X.- Federal buildings constituting territorial reserves, regardless of the form of their acquisition;
XI.- The buildings that are part of the estate of the federal decentralized agencies;
XII.- The assets that have been part of the assets of the entities that are extingan, dissolves or liquidate, in the proportion that corresponds to the Federation;
XIII.- The easements, when the dominant predium is any of the above;
XIV.- The wall paintings, sculptures and any artistic work incorporated or permanently attached to the buildings subject to the regime of public domain of the Federation;
XV.- The movable property of the Federation considered as historical or artistic monuments according to the law of the matter or the declaratory corresponding;
XVI.- The movable property determined by law or decree as archaeological monuments;
XVII.- The movable property of the Federation at the service of the agencies, the Attorney General's Office and the administrative units of the Presidency of the Republic, as well as the organs of the Legislative and Judicial Powers of the Federation;
XVIII.- The furniture of the Federation which by its nature are not normally substitutable, such as documents and records of offices, manuscripts, incunables, editions, books, documents, periodicals, maps, drawings, brochures and important or rare engravings, as well as the collections of these goods; the ethnological and paleontological pieces; the specimens of the flora and the fauna; scientific or technical collections, weapons, numismatic and philatelic; files, phonorecordings, films, photographic, magnetic or computer files, magnetophonic tapes and any other objects containing images and sound, and the artistic or historical pieces of museums;
XIX.- The meteorites or aeroliths and all mineral, petreous or mixed metal objects from the outer space fallen and recovered in the Mexican territory in terms of the respective regulation;
XX.- Other movable and immovable property which by any means becomes part of the patrimony of the Federation, with the exception of those who are subject to specific regulation of applicable laws, and
XXI.- Other goods considered to be in the public domain or as inalienable and imprinted by other special laws regulating national goods.
ARTICLE 7.- They are commonly used goods:
I.- The airspace located on the national territory, with the extent and modalities established by international law;
II.- Inland marine waters, in accordance with the Federal Law of the Sea;
III.- The territorial sea in the width to be fixed by the Federal Law of the Sea;
IV.- The sea beaches, understanding for such the parts of land that by virtue of the tide covers and discovers the water, from the limits of the greater ebb up to the highest annual flow limits;
V.- The federal land sea area;
VI.- Ports, bays, rads, and taught;
VII.- The levees, docks, escorts, malecons and other works of the ports, when they are for public use;
VIII.- The channels of the streams and the vessels of the lakes, lagoons and staves of national ownership;
IX.- The riverbanks and federal zones of the streams;
X.- The dams, dams and their vessels, canals, bordos and ditches, constructed for irrigation, navigation and other uses of public utility, with their protection zones and rights of way, or riverbanks in the extension that, in each case, establishes the dependency competent in the matter, in accordance with applicable legal provisions;
XI.- The roads, roads, bridges and railways that constitute general communication routes, with their auxiliary services and other integral parts established in the federal law of the matter;
XII.- The buildings considered as archaeological monuments according to the law of the matter;
XIII.- The squares, walks and public parks whose construction or conservation is in charge of the Federal Government and the constructions raised by the Government Federal in public places for ornate or comfort of those who visit them, and
XIV.- Other goods considered for common use by other laws regulating national goods.
ARTICLE 8.- All the inhabitants of the Republic can use the goods of common use, without any restrictions other than those established by the laws and regulations administrative.
For special purposes on the goods of common use, grant, authorization or permission is required granted with the conditions and requirements that they establish laws.
ARTICLE 9.- Goods subject to the public domain regime of the Federation shall be exclusively under the jurisdiction of the federal powers, in the terms prescribed by this Law, except for those buildings which the Federation has acquired after 1o. May 1917 and may be located in the territory of any State, in which case the consent of the respective local legislature shall be required.
The decree or agreement by which the Federation acquires, affects or uncovers a building for a public service or for common use, shall be communicated to the corresponding local legislature. It shall have the effect of notifying the State legislature itself, the publication in the Official Journal of the Federation of the corresponding decree or agreement, as of the date of the same publication.
It shall be presumed that the local legislature concerned has given its consent, when it does not dictate any resolution within forty-five calendar days. subsequent to the publication in the Official Journal of the Federation, except where it is in recess, where the term will be computed from the day on which it opens its immediate session. The express refusal of the corresponding legislature will leave the building subject to the local jurisdiction.
Once the consent has been obtained, in any of the cases referred to in the first and third paragraphs of this article, it shall be irrevocable.
ARTICLE 10.- Only federal courts will be competent to hear of civil, commercial, criminal, or administrative trials, as well as non-contentious judicial proceedings relating to goods subject to the public domain regime of the Federation, even where disputes relate to rights of use in respect of such goods.
ARTICLE 11.- They are subject to the provisions of this Law and its Regulations:
I.- The acts of acquisition, administration, control, use, surveillance, legal protection, valuation and disposal of federal buildings, as well as of movable property federal property at the service of the agencies, the Attorney General's Office Republic and the administrative units of the Presidency of the Republic, without prejudice to the application of the provisions of the Law on Procurement, Leases and Services of the Sector in the case of movable property Public, and
II.- The allocation of institutional responsibilities for the construction, reconstruction, modification, adaptation, conservation, maintenance, repair and demolition in federal buildings, without prejudice to the provisions laid down in the Public Works and Services Act Related to the Mismas.
ARTICLE 12.- The Secretariats of Public Security, National Defense, and Navy, as well as the Attorney General's Office, will lend the aid. necessary when they are formally required, in order to safeguard the patrimonial interests of the Nation.
ARTICLE 13.- Goods subject to the public domain regime of the Federation are inalienable, imprescriptible and unembargable and will not be subject to action claim or final or provisional possession, or some other claim by third parties.
ARTICLE 14.- Entities or individuals who, under any title, use immovable property subject to the public domain regime of the Federation in Finnish Administrative or for purposes other than those of their public object, they will be obliged to pay the contributions on the real estate property.
ARTICLE 15.- Individuals and public institutions may only acquire on the use, exploitation and exploitation of the goods subject to the public domain of the Federation, the rights regulated in this Law and in the others that the Congress of the Union dictates.
, however, by the Federal Civil Code, any accidental use or ancillary or ancillary accessories with the nature of these goods shall be governed, as the sale of fruits, materials or waste.
The rights of transit, of view, of light, of spills and other such like on such goods, are governed exclusively by the laws, regulations and other provisions Federal administrative.
ARTICLE 16.- Concessions, permits and authorizations on goods subject to the public domain regime of the Federation do not create real rights; simply in the face of the administration and without prejudice to third parties, the right to carry out the uses, uses or holdings, in accordance with the rules and conditions that lay down the laws and the title of the concession, the permit or the appropriate authority.
ARTICLE 17.- The concessions on goods of direct rule of the Nation whose granting authorizes the sixth paragraph of article 27 of the Political Constitution of the United Mexican States, shall be governed by the provisions of the respective laws.
The Federal Executive will be able to deny the concession in the following cases:
I.- If the applicant does not meet the requirements set forth in those laws;
II.- If is created with a hoarding contrary to the social interest;
III.- If it is decided to undertake, through the Federation or the entities, a direct exploitation of the resources in question;
IV.- If the goods in question are scheduled for the creation of national reserves;
V.- When national security is affected, or
VI.- If there is any well-founded motive of public interest.
ARTICLE 18.- The revocation and expiration of concessions on goods subject to the public domain regime of the Federation, where appropriate in accordance with the The law shall be issued by the decentralised agencies or bodies which have granted them, after hearing the persons concerned are granted to give evidence and submit what is appropriate to their right.
In case the declaratory is firm, the goods subject to the concession, its improvements and accessions will pass in full right to the control and administration of the concessionaire, without payment of any compensation to the concessionaire.
ARTICLE 19.- Real estate managers and decentralized agencies will be able to rescue the concessions they grant on assets subject to the public domain regime of the Federation, by means of compensation, for reasons of utility, public interest or national security.
The declaration of ransom shall make the goods subject to the concession return, in full right, from the date of the declaratory, to the possession, control and the concessionaire's administration and the goods, equipment and installations destined directly for the purposes of the concession. The concessionaire may be authorized to withdraw and dispose of the goods, equipment and installations of his property affected by the concession, when the goods are not useful to the concessionaire and may be taken advantage of by the concessionaire. case, its value will not be included in the compensation amount.
In the rescue declaration, the general bases that will be used to fix the amount of the compensation to be covered by the concessionaire will be established, taking into account accounts for the investment made and duly established, as well as the depreciation of the goods, equipment and installations intended directly for the purposes of the concession, but in no case may it be taken as a basis for fixing the value of the goods concessional.
If the affected person is in accordance with the amount of the compensation, the amount indicated by this concept will be final. If it is not in conformity, the amount of the compensation shall be determined by the judicial authority, at the request of the person concerned, who shall make it within 15 working days from the date of notification of the compensation. resolution determining the amount of compensation.
ARTICLE 20.- The legal acts by which the federal buildings or the entities belonging to the entities are in contravention of the provisions of the This Law will be null.
ARTICLE 21.- The competent offices of the Federal Executive, with the participation that, if necessary, corresponds to the National Statistics Institute, Geography and Informatics, will determine the rules and procedures for the elaboration and updating of the catalogues and inventories of the natural resources owned by the Nation.
Dependencies and entities which, by any concept, use, administer or care for such natural resources, shall be responsible for the production and updating of the respective catalogues and inventories.
ARTICLE 22.- In case of doubt about the interpretation of the provisions of this Law, it will be to what it resolves, for administrative purposes, the Secretariat.
TITLE SECOND
OF THE ASSETS OF THE LEGISLATIVE AND JUDICIAL POWERS OF THE FEDERATION
ONLY CHAPTER
ARTICLE 23.- The attributions that are granted to the Legislative Branch in this Title will be exercised independently through the Chamber of Deputies and of the Chamber of Senators.
The Legislative Power and the Judiciary of the Federation, in the name of the Federation itself, may:
I.- Acquire real estate from the budget of discharges that you have authorized or receive them in donation, assign them to the service of their organs and administer them;
II.- To dispose of the buildings to which the previous fraction refers as provided for in Article 84 of this Law, prior to the disincorporation of the public domain of the Federation, by means of the agreement which for that purpose they issue;
III.- Issue its respective normativity for the conduct of the operations referred to in fractions I and II this article;
IV.- Implement a real estate management system that allows for efficient administration and optimal use of real estate This Article shall be acquired as well as the designation of the corresponding property managers who shall have the functions provided for in the regulations they issue in the field of property management, and
V.- Issue the corresponding guidelines for the construction, reconstruction, adaptation, conservation, maintenance and use of these properties.
Dealing with buildings considered as historical or artistic monuments according to the law of the subject or the corresponding declaratory, they will give the intervention that corresponds to the applicable law, to the Secretariat of Public Education.
ARTICLE 24.- The Legislative Branch and the Judicial Branch of the Federation will have to form their respective inventory, cadastre, and documentation center. information relating to the federal buildings referred to in the previous article, and shall process the registration in the Public Registry of the Federal Property of the securities provided for in section I of Article 42 of this Law.
For this purpose, they will issue the rules and procedures for their real estate managers to collect and update information and documentation required.
In addition, they shall provide the Secretariat with information relating to such buildings, in order to be incorporated into the Federal Real Estate Information System and Parastatal.
ARTICLE 25.- The movable property at the service of the organs of the Legislative and Judicial Powers of the Federation shall be governed by the corresponding laws and by the rules that they issue. In any case, they may disintegrate from the public domain of the Federation the movable property which is at their service and which by their use, use or state of conservation are no longer suitable or is inconvenient to use in the itself, in order to proceed to its disposal.
THIRD TITLE
FEDERAL PUBLIC ADMINISTRATION BUILDINGS
CHAPTER I
IS PROVISIONS
First Section
From the Federal and Parastate Real Estate Management System
ARTICLE 26.- The Federal and Parastate Real Estate Management System constitutes a set of policies, criteria and coordination mechanisms for actions tending to:
I.- Achieve effective administration and optimal use of federal and parastate real estate, for the benefit of public services and duties of the Federal Public Administration;
II.- Promote the legal security of federal and state real estate assets, and
III.- To help budget resources for the acquisition, management, conservation and maintenance of buildings necessary for the operation of the Federal Public Administration, be applied efficiently and effectively.
ARTICLE 27.- For the operation of the Federal Real Estate and ParaState Administration System, a Federal Property and Property Committee is established Parastatal, which will be integrated with the administrative units of buildings, the Secretariat of Finance and Public Credit, and the five entities that have the largest number of properties within their assets, the owners of which will appoint the representative. The Committee shall be chaired by the Secretariat and shall operate in accordance with the rules for its organisation and operation.
The Committee shall be a forum for the analysis, discussion and adoption of common criteria and effective and timely measures to achieve the purposes of the Management System Federal Real Estate and Parastate, which will have as its object:
I.- To assist in the permanent integration and updating of the Federal and Parastate Real Estate Information System;
II.- Identify, analyze and evaluate the problems affecting the federal and state real estate assets, as well as propose measures to fix it;
III.- Analyze the legal framework applicable to federal and state property assets, as well as when it is appropriate to achieve the objectives of the Federal and Parastate Real Estate Management System, promote the adoption of a federal real estate control and management program, as well as the issuance of laws, regulations, and administrative provisions conducive to it, and
IV.- Promote the adoption of uniform criteria for the acquisition, use, use, administration, conservation, maintenance, assurance, control, monitoring, valuation and, where applicable, recovery and disposal of the assets belonging to the federal and parastatal real estate assets.
The Committee may invite its sittings to target institutions, when this is done by helping to solve specific problems in the real estate.
ARTICLE 28.- The Secretariat and the other administrative units of buildings shall have within the scope of their respective powers, the powers following:
I.- Poseer, monitor, preserve, manage and control by themselves or with the support of the corresponding recipient institutions, the real estate federal;
II.- Dictate the rules to which the surveillance and use of federal buildings should be secured;
III.- Control and verify the use and use of federal buildings;
IV.- Exorder the declaratory by which it is determined that a building is part of the patrimony of the Federation;
V.- Grant concessions and, where applicable, permits or authorizations for the use and use of federal buildings;
VI.- Establish administrative procedures to obtain, retain or recover the possession of federal buildings, as well as seek removal of any obstacle created naturally or artificially for use and destination. To this end, they may also declare the revocation and revocation of concessions, permits or authorizations, upon hearing that the persons concerned are granted to give evidence and submit what is appropriate to their right, in the cases and in the provided by Section Eighth of Chapter II of Title III of this Law;
VII.- Promote the optimal use and preservation of federal and state real estate assets;
VIII.- To request the Attorney General's Office to intervene in the judicial proceedings to be followed in respect of federal buildings;
IX.- Present and ratify complaints and complaints in the criminal order relating to federal buildings, as well as the latter granting the pardon of the offended in cases where it is appropriate;
X.- Provide advice to the dependencies and entities that request it, in the real estate of its competence;
XI.- Subscribe collaboration bases and conventions with the other dependencies and with the entities; collaboration agreements with the Legislative Powers and Judicial of the Federation and the federal organs with autonomy granted by the Political Constitution of the United Mexican States; coordination agreements with the governments of the Federal District, the states and the municipalities; and agreements for consultation with natural or moral persons in the sectors private and social, in order to bring together resources and efforts for the effective implementation of the actions that in real estate are in charge;
XII.- Dictate the provisions necessary for compliance with this Act, and
XIII.- The others who entrust them with this Law or other applicable provisions.
Where, in the case of the Secretariat or the dependent property administrator, there is a well-founded reason for it, they may refrain from following the procedures or to dictate the resolutions referred to in section VI of this article, and request the Public Ministry of the Federation to submit the matter to the knowledge of the federal courts. Within the procedure, the administrative occupation of the goods may be requested, in accordance with the provisions of Article 27 of the Political Constitution of the United Mexican States. By order of the courts the administrative authorities will proceed to the occupation.
ARTICLE 29.- Corresponding to the Secretariat, in addition to the privileges conferred on it by the previous article, the following:
I.- Determine and drive the real estate policy of the Federal Public Administration;
II.- To exercise in the sphere of the Federal Executive the acts of acquisition, disposal or affectation of the federal buildings, including the option to purchase referred to in the last paragraph of Article 50 of this Law, provided that such acts are not expressly attributed to another dependency by the Law itself, as well as to the coordination agreements referred to in the second paragraph of the article 48 of the same;
III.- Perform the necessary actions to obtain the judicial decision or the corresponding administrative declaration, in respect of the buildings nationalized;
IV.- Declaring, when this is necessary, that a particular asset is subject to the public domain regime of the Federation, for being understood in some of the the provisions of this Act;
V.- Issue the administrative agreement for federal real estate, with the exception of sea beaches, the federal land sea area, and the land gained from the sea;
VI.- Issue the administrative arrangement for which the Federation's public domain regime is disintegrated and is authorized to dispose of the real estate federal, with the exception of national land and land, as well as land gained from the sea;
VII.- Issue the administrative arrangement whereby the real estate owned by the decentralised bodies, for disposal, is disintegrated from the public domain of the Federation;
VIII.- To appoint the Notaries of the Federal Property Heritage who will be in charge of the formalization of the legal acts when this is required and, in their case, revoke such appointment;
IX.- Authorize the special protocols in which the legal acts relating to the federal real estate assets will be entered;
X.- Take the Public Registry of Federal Property;
XI.- Exorder the rules and procedures for the integration and updating of the Federal and Parastate Real Estate Information System;
XII.- To register the experts who are required in the field of national goods, in the National Party of Perios; to designate among them those who will have to carry out the specific technical work and, where appropriate, suspend and revoke its registration;
XIII.- Issue the declaratory by which the Federation acquires the domain of the goods affected by the concessions, permits or authorizations that set;
XIV.- To take the register of the property owners of the offices, the Attorney General of the Republic, the administrative units of the Presidency of the Republic and entities, as well as equivalent public servants in the other institutions to which they are addressed;
XV.- To monitor the use and use of the buildings donated by the Federation and, if appropriate, exercise the right of reversal on the property donated;
XVI.- Examine in the audits and reviews that you practice, the information and legal documentation and accounting related to the real estate operations carry out the offices, the Attorney General's Office, the administrative units of the Presidency of the Republic and the entities, in order to verify the compliance with this Law and the provisions that emanate from it;
XVII.- Issue the criteria for determining the values applicable to each type of operation referred to in Articles 143 and 144 of this Law, among which the dependencies and entities may choose the one they deem appropriate;
XVIII.- Issue the technical standards regarding the institutional image, signage, distribution of spaces and facilities, type of finishes and in general for the optimal use, functionality and rationality of the federal buildings used as administrative offices, taking into account the different types of buildings and their geographical location;
XIX.- Plan and execute the construction, reconstruction, rehabilitation, conservation and demolition of the federal buildings shared by several public institutions and used as administrative offices, and the other institutions which carry out such goods the Federal Government itself or in cooperation with other countries, with the governments of the states, the municipalities and the Federal District, as well as with entities or with individuals;
XX.- Approve the projects of construction, reconstruction, repair, adaptation, extension, or demolition of the federal buildings used for religious purposes, with the exception of those determined by law or decree as historical or artistic monuments;
XXI.- Set the policy of the Federal Public Administration on the lease of buildings, when the Federation or the entities have the character of a tenant, and
XXII.- The others who trust this Act or other applicable provisions.
ARTICLE 30.- The Secretariat of Public Education shall be competent to possess, monitor, maintain, manage and control the federal buildings considered as archaeological monuments according to the law of matter, as well as areas of archaeological monuments.
Federal buildings considered as archaeological monuments according to the law of the matter, may not be subject to grant, permission or authorization.
In the areas of archaeological monuments, the Ministry of Public Education through the National Institute of Anthropology and History will be able to grant permits or authorisations solely for the conduct of civic and cultural activities, in accordance with the provisions of the Regulation which for this purpose is issued, provided that the integrity, structure and cultural dignity of those areas is not affected; and monuments, nor is their common use contravened.
When the federal buildings considered as archaeological, historical or artistic monuments according to the law of the subject or the corresponding declaratory, find within the federal land sea area, the land gained from the sea, the protected natural areas or any other areas on which, in accordance with the applicable legal provisions, it corresponds to the Secretariat of the Environment and Natural resources exercise their powers, both dependencies they shall jointly establish the appropriate coordination mechanisms.
ARTICLE 31.- The buildings acquired by the Federation abroad shall not be subject to the public domain regime and shall be governed by the treaties or, failing that, by the law of the place where they are located.
The Secretariat of Foreign Affairs, in the field of the Federal Executive Branch, shall be competent to carry out the acts of acquisition, possession, surveillance, storage, management, control and disposal of the buildings referred to in the preceding paragraph, and shall only inform the Secretariat of the acquisition and disposal operations it carries out. In order to carry out the acquisitions of rights of use or domain of buildings located abroad, that Dependency will be subject to the budgetary availability with which it counts.
Where the buildings acquired abroad are used by different agencies than the Secretariat of Foreign Affairs or by entities, the surveillance and conservation of such goods shall be in charge of them.
The proceeds from the sale of the buildings referred to in this article should be concentrated in the Federation's Treasury.
ARTICLE 32.- The offices, the Attorney General's Office, the administrative units of the Presidency of the Republic and the entities that have for federal buildings or which, in the case of the latter, have properties within their assets, they will have a real estate manager. The real estate responsible shall be the public servant responsible for administering the material resources of the same, who shall have at least the Director General level or its equivalent, and shall have the following functions:
I.- Investigating and determining the physical, legal and administrative situation of the buildings, as well as carrying out the topographic surveys and drawing up the respective plans, for the purposes of inventory, cadastre and registration of such buildings;
II.- Take the necessary steps to compile, organize, link and operate the documentary and information acervos of the buildings, as well as receive and integrate the information and documentation provided by the Secretariat into their respective acervos;
III.- Schedule, execute, evaluate and control the implementation of actions and démarches in order to contribute to the legal and administrative regularization of the buildings, the formalisation of operations, the optimum use of these goods and the recovery of those illegally occupied;
IV.- Adopt the appropriate measures for the proper conservation, maintenance, surveillance and, where appropriate, damage to the property;
V.- Constituted as the coordinator of the administrative units of the agencies, the Attorney General's Office, the Presidency of the Republic or the entities concerned, as well as institutional liaison with the Secretariat, for the purposes of the management of the buildings;
VI.- To assist with the Secretariat in the inspection and surveillance of the intended buildings, as well as to carry out these actions in the case of those that are owned of the entities;
VII.- Give immediate notice to the Secretariat of any act or legal act that is carried out in violation of this Law, with respect to the buildings intended;
VIII.- Communicate to the Secretariat the cases in which federal buildings are used without the mediation of the destination;
IX.- Submit criminal complaints for illegal occupations of federal buildings, and must notify the Secretariat of the steps taken;
X.- Deliver, if applicable, to the Secretariat the federal buildings or unused areas within four months of their vacancy. In case of omission, you will be responsible in the terms of applicable legal provisions;
XI.- Obtain and retain the notice of the contractor and the minutes of completion of the public works carried out in the buildings, and the respective plans, as well as refer to the original Secretariat or certified copy of these documents for purposes of real estate, and
XII.- Manage the resources required for the compliance of the responsibilities to your office.
The internal organs of control of the agencies, the Attorney General's Office, the administrative units of the Presidency of the Republic and the entities, shall monitor the compliance of the real estate manager with the functions referred to in this Article.
ARTICLE 33.- A Fund shall be set up to cover expenses incurred by the administration, valuation and disposal of buildings.
Federal Ministry of Agriculture.
For the integration of the Fund, the following resources will be provided:
I.- The amount of one to one thousand referred to in Article 53 of this Act, and
II.- The amount of the rights and the use of the services provided by the Secretariat in real estate and valuatory.
The Secretariat, in coordination with the Secretariat of Finance and Public Credit, will establish the basis for the operation of the Fund.
Section Second
From the Federal and Parastate Real Estate Information System
ARTICLE 34.- The Federal and Parastate Real Estate Information System is the systematized integration of documentation and information contained in the registry the physical, legal and administrative situation of the buildings of the federal and parastatal real estate, as well as their evolution.
ARTICLE 35.- The Federal and Parastate Real Estate Information System is intended to constitute a support instrument for achieving the purposes of the System Federal Real Estate Administration and Parastate.
ARTICLE 36.- The Secretariat, in coordination with the other administrative units of buildings and with the participation that, if necessary, corresponds to the Instituto Nacional de Estadística, Geography and Informática, will issue the rules and procedures for the real estate managers of the offices, the Attorney General's Office, the administrative units of the Presidency of the Republic and entities perform the collection and updating of the information and documentation necessary to form the inventory, cadastre and documentation and information center of the federal and parastatal real estate.
ARTICLE 37.- The Secretariat will request, receive, compile and concentrate the information and documentation relating to the federal real estate assets and parastatal. To do this, you will integrate the following:
I.- Inventory of the Federal and ParaState Real Estate, which will be constituted by a database relating to the real estate, specifying those used for religious purposes;
II.- Catastro del Patrimonio Inmobiliario Federal y ParaState, which will be constituted by the graphic media for the full physical identification of the buildings, including drawings, photographs, video recordings and any other that permits identification;
III.- Public Registry of the Federal Property, which will be constituted by the set of books, real folios or other means of capture, storage and processing of the data relating to documents proving real and personal rights to the buildings, as well as the first testimony or original of the said documents, and
IV.- Center for Documentation and Heritage Information Federal and Parastate, which will be constituted by the set of files that contain documents and information relating to buildings.
ARTICLE 38.- The property management dependencies must conform to an inventory, a cadastre and a documentation and information center relating to the federal buildings of their respective jurisdiction.
The entities shall form an inventory, a cadastre and a documentation and information centre, in respect of the buildings forming part of their heritage.
ARTICLE 39.- It will not be part of the Federal Real Estate and ParaState Information System, that information relating to the property of the estate federal and parastate real estate that is classified as reserved or confidential in terms of the provisions of the Federal Law on Transparency and Access to Government Public Information.
ARTICLE 40.- The Secretariat shall be empowered to merge or subdivide the federal buildings, by administrative agreement, with the authorization that it is for the competent local authorities to carry out the respective entries in their registers.
Federal buildings regarded as historical or artistic monuments in accordance with the law of the subject or the corresponding declaratory shall not be subject to merge or subdivision.
Technical memories, drawings, topographical analytical descriptions and other graphic means approved by the Secretariat, in which the location is determined; surface and measures of the federal buildings ' borders, as well as, where appropriate, the existing constructions, will produce the same effects as the laws give to the public documents and, consequently, will have the same evidentiary value.
The Secretariat may intervene in federal buildings, in judicial and administrative proceedings, as a third party with the right to to offer testing.
41.- The Secretariat of the of the Public Registry of the Federal Property, in which the legal and administrative acts will be entered accredit the legal and administrative situation of each building of the Federation, the entities and institutions of federal character with legal personality and own patrimony to which the Political Constitution of the United Mexican States grants autonomy.
ARTICLE 42.- They will be entered in the Public Registry of Federal Property:
I.- The titles for which the domain, possession and other actual rights belonging to the Federation are acquired, transmitted, modified or extinged institutions and institutions of a federal character with legal personality and own patrimony to which the Political Constitution of the United Mexican States grants them autonomy, including financial leasing contracts, as well as the acts by which those operations are authorised;
II.- Presidential decrees expropriating private property and communal and communal property;
III.- Declaratoria for which a building is determined to be part of the Federation's patrimony;
IV.- Declaratory and court decisions relating to nationalized properties;
V.- The declaratoria for which it is determined that a good is subject to the regime of public domain of the Federation;
VI.- Federal real estate concessions;
VII.- Judicial or administrative decisions relating to federal real estate dislinds;
VIII.- The concessions, permits or authorizations that establish that the goods affected by them, shall enter the patrimony of the Federation;
IX.- The declaratory by which the Federation acquires the domain of the goods affected by the concessions, permits or authorizations that so establish;
X.- Reversal declarations on donated properties;
XI.- The reversion resolutions on properties expropriated in favor of the Federation and the entities;
XII.- The declaratory of the removal of federal zones and the administrative arrangements that disintegrate buildings subject to the regime of public domain of the Federation and authorize the disposal of the deleted federal zones and the land gained from the sea, the rivers, lakes, lagoons, esteros and other currents of national waters;
XIII.- Agreements for the public service or for common use land gained from the sea, rivers, lakes, lagoons, staves and other streams of water national;
XIV.- Administrative agreements that allocate federal real estate;
XV.- The administrative arrangements for which federal buildings are merged or subdivided;
XVI.- The constitution of the property regime in condominium in federal buildings;
XVII.- Administrative agreements that disintegrate buildings from the Federation's public domain regime and authorize their disposal;
XVIII.- The occupation resolutions and judgments delivered by the judicial authority relating to federal buildings or entities;
XIX.- The information ad perpetuam promoted by the Public Ministry of the Federation, to accredit the possession and the domain of the Federal Government or the entities on real estate;
XX.- Judicial resolutions that produce any of the effects mentioned in the I fraction of this article;
XXI.- Lease and comodato contracts on federal buildings;
XXII.- Legal acts that do not require notary intervention as provided for in Article 99 of this Act;
XXIII.- The receipt minutes of federal properties;
XXIV.- The minutes of the receipt of public works relating to the construction and demolition of federal buildings;
XXV.- The minutes raised by the Secretariat identifying and describing the physical situation that will save the federal buildings, and
XXVI.- Other legal acts relating to federal buildings and to entities owned by entities that, in accordance with legal provisions applicable, must be registered.
The drawings, technical reports, topographical analytical descriptions and other documents shall form part of the Annex to the legal or administrative act which is the subject of registration, with reference to these documents being referred to.
entities that have as their object the acquisition, development, fractionation or marketing of buildings, as well as the regularization of land tenure and land ownership urban and residential development, they shall only request the registration in the Public Registry of the Federal Property of the titles for which they are acquired or, where appropriate, they are divided into those goods.
Registration of legal and administrative acts before the Public Registry of the Federal Property will take effect against third parties, even if they are not registered in the Public Registry of the Property of the location of the buildings, with the exception of the rights of those to enforce them on the legal path from the property.
In case of opposition between the registered seats of the Public Registry of the Federal Property and those of the Public Registry of the Property of the locality in which it is the goods shall be placed in preference to those of the former in relations with third parties, with the exception of the rights of the third party in order to enforce them on the legal basis.
ARTICLE 43.- For the registration of the titles and documents referred to in the previous article, relating to each property, a single real portfolio shall be dedicated, in the origin of the goods, their nature, their identification characteristics, their location, their area, their borders and, where appropriate, their value, as well as the data relating to those titles and documents. The above data will be captured, stored, processed, and printed using a computing system.
ARTICLE 44.- The cancellation of the registration of the Public Registry of the Federal Property will only operate:
I.- As a consequence of the mutual consent of the formalized parties in accordance with the law, or by judicial or administrative decision ordering its cancellation;
II.- When declaring the nullity of the title in whose virtue the inscription has been made, and
III.- When the real property of the inscription is destroyed or completely disappeared.
ARTICLE 45.- In the cancellation of the inscriptions, the necessary data will be established so that it is known exactly what the inscription is. cancel and the causes for which the cancellation is made.
ARTICLE 46.- The constances of the Public Registry of the Federal Property will prove the existence of the registration of the acts to which they refer, which may consist of:
I.- The print of the respective actual folio, or
II.- The use of an electronic means of communication, in the terms established by the Regulation of that Registry.
In the event that the constancy issued in the terms of section II of this article is objected to by any of the parties in judgment, or that the judge, the Public Ministry or any authority that knows the procedure has no certainty of its authenticity, must ask the Public Registry of the Federal Property to issue the constancy in the terms foreseen by the fraction I of the present precept.
ARTICLE 47.- The Public Registry of the Federal Property will allow the persons who request it, the consultation of the inscriptions of the respective goods and the documents relating to them, and shall issue, where requested in accordance with the laws, certified copies of the entries and the related documents.
ARTICLE 48.- In the Public Registry of the Property corresponding to the location of the buildings in question, at the request of the Secretariat, The documents referred to in Article 42, fractions I to V, VII to XII, XV to XX, XXII and XXVI of this Law, as well as the documents in which the corresponding entries are cancelled, shall be entered in the terms of the provisions of Article 44 of this Law.
The Secretariat in the coordination agreements that it will hold in a general or special manner with the governments of the states and the Federal District, will implement the mechanisms for communication between the Public Registry of the Federal Property and the public records of the ownership of the federal entities in order to make the registration and the issuance of constances in respect of the legal acts referred to in the preceding paragraph.
CHAPTER II
CENTRALIZED FEDERAL PUBLIC ADMINISTRATION BUILDINGS
First Section
From The Acquisition
ARTICLE 49.- To satisfy the requests of federal buildings of the Office of the Attorney General of the Republic of the administrative units of the Presidency of the Republic and of the entities, the Secretariat shall:
I.- Review the Federal and Parastate Real Estate Information System to determine the existence of partial or available federal real estate fully;
II.- To disseminate to the agencies, the Attorney General's Office, the administrative units of the Presidency of the Republic and the institutions, the information regarding the federal properties that are available;
III.- Set the deadline for the agencies, the Attorney General's Office, the administrative units of the Presidency of the Republic and the entities manifest in writing, their interest in order to have any of these assets uncovered;
IV.- Set the deadline for the agencies, the Attorney General's Office, the administrative units of the Presidency of the Republic and the entities applying for a federal property available, justify their need and demonstrate the feasibility of their project;
V.- Quantify and rate the requests, taking into account the characteristics of the properties requested and the intended location;
VI.- Verify that compliance with the aspects of Article 62 of this Law is available to the Federal Real Estate, and
VII.- To target the dependency, the Attorney General's Office, the administrative units of the Presidency of the Republic or the interested entity the federal properties available for the required use.
If it is not possible or appropriate to assign a federal property to the interested entity, the domain of the property may be transmitted in its favor by any of the legal acts of provision provided for in Article 84 of this Law.
ARTICLE 50.- The acquisition of rights of domain or of use for consideration on buildings located in national territory for the service of the agencies, the Attorney General's Office or the administrative units of the Presidency of the Republic, shall only proceed when there are no federal buildings available or existing, these are not suitable or suitable for the purpose of are required.
For the purposes of the foregoing paragraph, the property owners of the premises, under their responsibility, shall state that there is no real estate Federal or available Federal and ParaState Heritage Inventory is not suitable or suitable for the required purposes, or that the existing ones are not suitable or suitable for the required purposes.
To acquire domain rights over real estate, the premises, the Attorney General's Office or the administrative units of the Presidency of the Republic, must perform the following actions:
I.- Locate the property best suited to your needs, considering the characteristics of the good;
II.- Obtain the relevant soil use constancy from the competent authority;
III.- Contar with budget availability and authorization investment that, applicable, be issued by the Secretariat of Finance and Public Credit, prior to the conclusion of the corresponding contract;
IV.- Get the topographic plane of the building or, failing that, make the topographic survey and the corresponding plane;
V.- Trying to build, get the respective security opinion structural, and
VI.- Obtain the necessary legal documentation for the acquisition of the property.
The offices, the Attorney General's Office or the administrative units of the Presidency of the Republic, will only be able to lease real estate for their service, where its acquisition is not possible or convenient. In the case of buildings considered as historical or artistic monuments according to the law of the subject or the corresponding declaratory, these will be subject to the Federal Law on Monuments and Archaeological, Artistic and Historical Zones.
The Secretariat, with the participation that in the field of its competence corresponds to the Secretariat of Finance and Public Credit, will issue the guidelines on the rental of buildings, in order to establish, inter alia, the procurement procedure, the payment of income, the form and terms in which the payment of the same and the works, improvements, adaptations and installations of special equipment which may be carried out on buildings, as well as procedures to unoccupy them or continue their occupation.
The offices, the Attorney General's Office or the administrative units of the Presidency of the Republic may hold contracts, such as Financial leasing with option to purchase. The exercise of this option shall be compulsory, unless the Secretariat is not in favour of the interests of the Federation. For the conclusion of these contracts, the applicable budgetary provisions and obtaining the prior authorization of the Secretariat of Finance and Public Credit must be met.
ARTICLE 51. When you intend to acquire the domain of a property, including the cases referred to in the last paragraph of Article 50 of this Law, a the most appropriate and provided that there is budgetary provision and sufficiency in the corresponding item, the offices, the Office of the Attorney General of the Republic or the administrative unit of the Presidency of the Republic, as the Case, they will proceed to sign, in the name and representation of the Federation, the (i) the payment of the price and other costs incurred by the acquisition. In this case, the property shall be deemed to have been allocated to the institution which made the acquisition, without requiring a destination agreement.
The receiving institution of the building shall process the writing in the corresponding records and forward it to the Secretariat for safekeeping.
ARTICLE 52. When the dependencies, the Attorney General's Office or the administrative units of the Presidency of the Republic, in the name of the Federation, acquire in the terms of the private right a real estate to fulfill for purposes of public order, they will be able to agree with the holders derived, the form and terms according to which the contracts of leasing, as well as any other type of legal relationship which grants them the possession derived from the good, which may be covered in each case by a compensation, taking into account the nature and validity of the rights deriving from the corresponding legal acts in favour of the holders, as well as the costs of moving have to be erogar. The term for the vacancy and delivery of the building shall not exceed one year.
ARTICLE 53.- The offices, the Attorney General's Office and the administrative units of the Presidency of the Republic will provide the (a) to raise the price of the price for the onerous acquisitions of real estate to be carried out Federation for the service of these public institutions This contribution shall be made to the Fund referred to in Article 33 of this Law.
ARTICLE 54. Dependencies and entities may acquire the properties, assets, and rights necessary for the execution of projects and programs they have to their position by negotiation with the legitimate holders of the same.
The negotiations may include, with strict responsibility of the public servants who carry out the negotiations and after the agreement of their hierarchical superior, to the holders of other real rights, lessees, post-office rights, litigious rights or those who demonstrate that they have a legitimate and direct economic interest.
ARTICLE 54 Bis. For the purpose of determining the value of the properties in respect of which the dependencies and entities intend to acquire the property by any means, such agencies and entities may request the endorsement of the Secretariat of the Civil Service, the credit institutions or public corridors.
The Secretariat shall issue the technical standards, procedures, criteria and methodologies, in accordance with which the guarantees will be made, considering the diversity of goods and rights to be assessed, as well as their possible uses and other particular characteristics.
ARTICLE 54 Ter. If the negotiations are conducted with different counterparties, the amounts that are covered in each negotiation may not exceed, as a whole, of the sum referred to in the previous Article.
Dependencies and entities may use any form or scheme of payment, compensation or permuse in terms of civil law.
ARTICLE 54 Quater. In the negotiations, the dependencies or entities may cover, against the possession of the property, either right or right, advances to the equivalent to fifty percent of the agreed price.
In addition, once in possession, they will be able to cover additional advances from the agreed price, to pay on behalf of the enajenante the costs generated by the disposal.
ARTICLE 54 Quintus. The dependencies and entities will integrate a file of the negotiations they perform for the acquisition of real estate, property and rights, in which they shall consist of the endorsements and documents relating to the same as the Rules of Procedure.
ARTICLE 55.- When some dependency, the Attorney General's Office or one of the administrative units of the Presidency of the Republic exercises the possession, control or administration by owner, on a property of which there is no registration in the Public Registry of the Property that corresponds to the place of its location, the Federal Executive, through the Secretariat or the dependency property manager in question, may make the following substantial the procedure for issuing the declaration that the said good is part of the heritage of the Federation:
I.- It will be published in one of the local newspapers with the highest circulation of the place where the good is a warning about the beginning of the procedure, in order to the owners or holders of the premises adjacent to the building and, in general, persons having legal interest, express what is appropriate and provide the relevant evidence within a period of 15 working days, from the date of its publication;
II.- The commencement of the procedure shall be notified in writing to the owners or holders of the premises adjacent to the building which is the object of the procedure. express what is at their right within a period of 15 working days from the date of their notification.
In the event that such persons refuse to receive the notification or that the property is abandoned, the respective reason shall be integrated into the file and make a second publication of the notice referred to in the previous section, which shall have the effect of personal notification;
III.- Both the notice and the notification referred to by the previous fractions must contain the following data from the building: location, name if it has, current use, surface, measures and colindances. Similarly, they must express that the file is made available to those interested in the office to be determined by the Secretariat or the corresponding property administrator. This file shall contain the data and evidence showing the possession, control or administration of the building by any dependency, the Attorney General's Office or one of the administrative units of the Presidency of the Republic, as well as the respective cadastral plane or chart, and
IV.- Transforms the time limits referred to in fractions I and II of this article, without any opposition from interested party, the Secretariat or the appropriate administrative unit of the property concerned, shall issue the declaration that the property in question is part of the assets of the Federation. That declaratory shall contain:
a) The property identification and location data;
b) Legal and administrative background to the building;
c) Mention of having obtained certificate or record of non-registration of the building in the Public Registry of the Property corresponding to its location;
d) Expression of having published the notice referred to in section I of this article;
e) Expression of having made the notifications referred to in fraction II of this article;
f) Expression of having elapsed the time limits set out in fractions I and II of this article, without having been legitimately opposed interested;
g) Expression of the data and evidence that accredit the possession, control or administration of the property by some dependency, the Attorney General's Office the Republic or one of the administrative units of the Presidency of the Republic;
h) Declaratory that the building is part of the patrimony of the Federation and that the declaratory constitutes the title of property, and
i) The forecast that the declaratory will be published in the Official Journal of the Federation, that it be entered in the Public Registry of the Federal Property and in the Public Registry of the Property that corresponds to the location of the property.
ARTICLE 56.- In the event that within the period specified in the sections I and II of the previous article, some person will present opposition to the procedure the administrative department which regulates the same precept, the Secretariat or the administrative unit concerned, within the next 15 working days, shall assess the evidence provided and determine whether the opposition is credited with its interest. legal.
If yes, the Secretariat or the property management unit concerned shall refrain from continuing such proceedings and shall take such a reason. situation, giving up the same. With the respective file you will be given the intervention that corresponds to the Attorney General's Office, in order to exercise the necessary actions before the competent federal courts to obtain the title of property of the property of the Federation, in accordance with the provisions of the Federal Code of Civil Procedures.
If the opponent has not credited his/her legal interest, the Secretariat or the administrator of the real estate concerned, it will do so of his/her knowledge and shall continue with the procedure for issuing the relevant declaratory.
ARTICLE 57.- Dealing with the buildings that, in order to perform their duties, are awarded to the Federation, through the dependencies, the Each property responsible shall make each property available to the Secretariat as soon as it receives it, with the exception of the goods subject to a specific regulation established by the applicable laws.
Such buildings shall be construed as being incorporated into the public domain regime of the Federation from the date on which they are made available to the Secretariat.
The management of the buildings referred to in the preceding paragraphs shall remain in charge of the premises until the physical delivery of the property to the Secretariat.
The dependency concerned shall provide the Secretariat with the information and documentation necessary to accredit the Federation's rights to the good and, in general, in order to determine their physical, legal and administrative situation. The Secretariat shall listen to any proposals made by the Office of the Office of the Ministry for the use or use of the property, but the latter may not confer or compromise rights of use or domain over the property. respective.
The provisions of the preceding paragraph shall not apply to goods entering the federal real estate at the end of the validity of the concessions, permits or authorisations granted for the provision of public services.
ARTICLE 58.- In the cases of the concessions, permissions, or authorizations that it is competent to grant to the dependencies, in which it is established that they will pass In the domain of the Federation the buildings affected by these acts shall be the responsibility of the Secretariat:
I.- Register in the Public Registry of the Federal Property the concession, permission or authorization, as well as to manage before the Public Registry of the Property that corresponds to the location of the building, the registration of the same and the necessary marginal annotations;
II.- Authorize the holder of the concession, permit or authorization, after favourable opinion of the granting agency, the partial disposal of the properties, when it is sourced. In this case, the term of validity of the respective concessions, permits or authorizations shall be reduced in proportion to the value of the buildings whose partial disposal is authorized;
III.- Authorize in coordination with the competent authority, the imposition of charges on the buildings affected for the purposes of the concession, permit or authorisation. In this case the interested parties must grant bail in favor of the Federation's Treasury for an amount equal to that of the levy, and
IV.- Declare that the Federation acquires the domain of the goods affected by the concessions, permits or authorizations.
In the cases of nullity, modification, revocation or revocation of the concessions, permits or authorizations referred to in the first paragraph of this article, the the right to acquire the immovable property shall be exercised in proportion to the time of the granting, permit or authorization, except where the law of the matter provides for the acquisition of all the goods affected by it.
Section Second
From The Infurniture Destination
ARTICLE 59.- They are intended for a public service, the following federal buildings:
I.- The permanent precincts of the Federation's Legislative, Executive and Judicial Powers;
II.- Those intended for the service of the Legislative and Judicial Powers of the Federation;
III.- Those intended for service of dependencies and entities;
IV.- Those intended for the service of the governments of the states, the Federal District and the municipalities or their respective parastatal entities;
V.- Those destined for the service of the Attorney General's Office, the administrative units of the Presidency of the Republic, and the Federal or local institutions with autonomy arising from the Political Constitution of the United Mexican States or the Constitutions of States;
VI.- Those who are acquired through legal acts in whose formalization the Secretariat intervenes, in the terms of this Law, as long as they are determine the dependency or entity to which the building will be used and the use to which it will be dedicated; and
VII.- Those acquired by expropriation in which it is determined as a recipient of a dependency, with the exception of those acquired for the purposes of regularisation of land tenure or housing and urban development.
ARTICLE 60.- The following properties shall be subject to the legal status of goods for a public service:
I.- Federal buildings that are actually used in the provision of public services by public institutions, and
II.- Federal buildings that are used in international organizations for which Mexico is a member.
ARTICLE 61.- The federal buildings will primarily be used for the service of public institutions, through administrative agreement, in which specify the target institution and the authorised use. The same federal property may be used for the service of different public institutions, provided that the requirements of those institutions are met and that the proper use of the good by the institutions is permitted.
It is up to the Secretariat to issue the administrative agreement of destination of federal buildings with the exception of the areas of the federal land sea and the land gained from the sea, in which case the issuance of the respective agreement shall be the responsibility of the Environment and Natural Resources Secretariat.
The uses that are given to the federal buildings and the entities must be compatible with those laid down in the provisions on urban development of the location in which they are located, as well as with the artistic or historical value that they possess in their case.
ARTICLE 62.- To resolve the fate of a federal property, the Secretariat and the Secretariat of Environment and Natural Resources, in the field of its respective powers, they shall take into account at least:
I.- The characteristics of the good;
II.- The corresponding topographic plane;
III.- Soil usage constancy;
IV.- The use for which it is required, and
V.- The opinion of the Secretariat of Public Education that it issues through the National Institute of Anthropology and History or the National Institute of Fine Arts and Literature, as appropriate, dealing with federal buildings considered monuments historical or artistic according to the law of the subject or the corresponding declaratory.
The Secretariat and the Secretariat of Environment and Natural Resources, will issue the corresponding guidelines that will establish the requirements, deadlines, catalogue of uses, occupancy density and other specifications for the destination of the federal buildings that are of their competence.
ARTICLE 63.- The target institutions may assign and reassign between their administrative units and unconcentrated organs, the spaces of the properties which have been assigned to it, provided that they are not used differently than those authorised in the agreement of destination.
The target institutions should make optimal use of the buildings and report to the Secretariat or the Environment and Resources Secretariat in due course. Natural, as the case may be, the assignments and reallocations of spaces they perform.
The receiving institutions shall initiate the use of each building which is intended for their service within a period of six months from the date of time to make it available to you.
The receiving institutions may assign and reallocate spaces of the buildings they have intended for free of charge, in favour of individuals with whom they have concluded contracts for public works or the provision of services, including those involving services which their public servants require for the performance of their duties, provided that such spaces are necessary for the provision of the services or the performance of the corresponding works and thus set out in the respective contracts. The same treatment may be granted to financial lessor when it is appropriate to carry out works in part or all of the federal buildings.
ARTICLE 64.- The Secretariat or the Secretariat of the Environment and Natural Resources, as appropriate, may authorize the institutions to which the request from them, to grant or lease to individuals the use of spaces in the buildings destined for their service, and to take into account the provisions of Article 62 of this Law.
The Secretariat of the Environment and Natural Resources in respect of the federal buildings of its jurisdiction, may authorize the institutions addressed to assign the use of spaces to other public institutions, as well as to authorize the receiving agencies to conclude coordination agreements with the State governments so that, in the framework of the decentralization of functions in favor of the governments of the states, transfer to these the use of federal buildings for purposes promotion of state or regional development. In such cases, the beneficiaries of the use of federal buildings will bear the costs inherent in the use and conservation of the good in question.
The Secretariat of Public Education, with the intervention that corresponds to the National Institute of Anthropology and History and the National Institute of Fine Arts and Literature, may assign or reassign for free title in favor of individuals, spaces of federal buildings considered historical or artistic monuments according to the law of the matter or the corresponding declaratory, that has destined to its service, only in the case of compliance with collaboration agreements institutions related to academic and research activities.
ARTICLE 65.- The offices, the Attorney General's Office and the administrative units of the Presidency of the Republic of the Republic of its federal property of the jurisdiction of the Secretariat, under its strict responsibility and without being of any use other than that authorized in the corresponding agreement of destination, may carry out the following acts in respect of such The provisions of Article 62 of this Law must be taken into account:
I.- Assign the use of spaces to other public institutions or for the fulfilment of the purposes of public trusts not considered as entities or private trusts constituted to assist with the institutions addressed in the performance of the programs in charge of them, provided that they previously register these private trusts with the Secretariat as being capable of receiving in federal real estate, on the understanding that these allocations are not constitute a contribution to the fideicomitting heritage;
II.- To conclude coordination agreements with the state governments so that, in the framework of the decentralization of functions in favor of the governments of the states, transfer to them the use of federal buildings for the purpose of promoting state or regional development;
III.- Celebrate collaboration agreements with producer associations to use federal buildings;
IV.- Assign the use of spaces in favor of unions legally constituted to represent the public servants of the institution to which (a) in the case of a person who is a member of the organization of the organization of his or her business, and who is not in the same position as the person who is a member of the organization. property, and
V.- Allocate in whole or in part the use of federal buildings, in favor of workers, associations of workers or unions legally constituted of the recipient institution concerned, with the aim of granting benefits under the general working conditions which correspond to them. These assignments do not involve the transmission of the property.
In the cases referred to in this article, the beneficiaries of the use of federal buildings shall bear the costs inherent in the use and conservation of the property that In this case, it is necessary to provide a guarantee in accordance with the guidelines issued by the Secretariat. If the beneficiaries fail to fulfil these obligations, they shall make the building or space available to the relevant target institution.
The beneficiaries of the use of federal buildings that do not require the use of the entire property or space assigned to it, will no longer use or need to use it or give it a use other than the authorised use, they shall be made available immediately to the target institution concerned.
For the acts referred to in this Article, the addressees shall give notice to the Secretariat within 30 days of the completion of each act.
ARTICLE 66.- The preservation, maintenance and surveillance of the intended federal buildings shall be carried out by the institutions to which they are addressed. must comply with the applicable laws and regulations.
The Secretariat or the Secretariat of the Environment and Natural Resources, as the case may be, shall encourage the securing by the recipients of the buildings (a) Federal authorities for damage to which such property may be subject. For this purpose, both dependencies will issue the corresponding guidelines regarding the federal buildings that fall within their jurisdiction.
ARTICLE 67.- To change the use of the intended buildings, the receiving institutions shall request the Secretariat or the Secretariat of Environment and Natural Resources, as appropriate, which may be subject to their respective powers, to authorize the change of use, taking into account the reasons for this, as well as the aspects referred to in Article 62 of the this Act.
For the case of the buildings destined for the Secretariat of Environment and Natural Resources that are part of the federal protected natural areas, that The use of the buildings may be changed without the need for authorization from the Secretariat. In this case, the Secretariat of Environment and Natural Resources must inform the Secretariat of the changes of use it makes.
ARTICLE 68.- In the event that the receiving institutions do not require the use of the entire property, they will cease to use or require or give them a different to the authorized one, the respective real estate responsible must make the same available to the Secretariat or the Secretariat of Environment and Natural Resources, as appropriate, with all its improvements and accessions without having the right to compensation, within four months of the date on which it is no longer are useful for your service.
In this case, the respective recipient institution shall provide the Secretariat or the Secretariat of the Environment and Natural Resources, as appropriate, with the information that the building is available, in accordance with the guidelines issued by those agencies. In any event, such information shall be necessary to determine the physical, legal and administrative situation of the good.
The Secretariat or, where appropriate, the Secretariat of the Environment and Natural Resources, within 15 days of the date on which the property in question, may ask the receiving institution for any other information that it could reasonably obtain.
If no additional information is required, the time limit set out in the preceding paragraph shall be deemed to be the same as the Secretariat or the Environment Secretariat. and Natural Resources, as the case may be, have received in accordance with the property placed at their disposal.
ARTICLE 69.- If the Secretariat or the Secretariat of the Environment and Natural Resources, as the case may be, based on the studies and evaluations carried out, detect that the intended federal buildings are not being used or used optimally, will require the receiving institutions to provide the reports or clarifications that they consider to be from them.
Where the target institutions do not adequately justify what has been detected in such studies and evaluations, the Secretariat or the Secretariat of the Environment Environment and Natural Resources, as appropriate, may:
I.- Determine the redistribution or reallocation of spaces between the administrative units and the deconcentrated organs of the target institutions, or
II.- Proceed to require full or partial delivery of the good within thirty days of the date of notification of the requirement and, failing that, to take possession of the same to direct the building or surplus areas to other public institutions or for other purposes that are more convenient to the Federal Government.
ARTICLE 70.- The destination only confers on the institution the recipient the right to use the property used in the authorized use, but does not transmit the property of the same, nor does it grant any real rights to it.
The receiving institutions shall not be able to carry out any act of disposal on the intended buildings. Failure to comply with this provision will result in the nullity of the relative act and the Secretariat the Environment Natural Resources, as appropriate, will proceed to the administrative occupation of the building.
ARTICLE 71.- No public servants, nor private individuals, will be allowed to inhabit the buildings for the service of public institutions, except in the Following cases:
I.- When those living in federal buildings are beneficiaries of institutions that provide a social service;
II.- When it comes to public servants who, by reason of the federal property's function, must inhabit it;
III.- In the case of public servants who, on the occasion of their employment, position or commission in the public service, need to live in the buildings respective federal, and
IV.- In other cases provided by laws regulating specific matters.
Will be in charge of the real estate agents of the offices, the Attorney General's Office, the administrative units of the Presidency of the Republic or entities that have the federal buildings assigned to their service, the observance and application of the provisions of the preceding paragraph. In the event of non-compliance, they shall be jointly and severally liable with the persons who unduly inhabit such property for the damage and damage caused, irrespective of the responsibilities they incur in the terms of the provisions applicable legal.
Third Section
Of Concessions
ARTICLE 72.- The administrative units of buildings may grant to the individuals rights of use or exploitation of the federal buildings, by granting, for the performance of economic, social or cultural activities, without prejudice to specific laws governing the granting of concessions, permits or authorizations to federal buildings.
For granting concessions, the property management dependencies must address the following:
I.- That the applicant complies with the requirements set forth in the specific laws governing federal real estate;
II.- Avoid the hoarding or concentration of concessions in a single person;
III.- That it is not possible or convenient for the Federation to undertake the direct exploitation of the properties in question;
IV.- They will not be able to grant them in favor of the public servants that in any way intervene in the processing of the concessions, neither of their spouses or relatives consanguineos and by affinity to the fourth grade or civilians, or third parties with whom such servers have private or business ties. Concessions that are granted in contravention of the provisions of this fraction will be the cause of liability and nullity;
V.- That the public interest is not affected;
VI.- Information regarding the properties that will be granted, will be published two months in advance at the beginning of the validity of the concession respective, in a national circulation journal and on the internet, and
VII.- In the case of space concessions on federal buildings that occupy the property management dependencies, the activity to be developed by the concessionaire is compatible and does not interfere with the activities of those dependencies, subject to the provisions which the latter issue for that purpose.
The administrative units of buildings, within the scope of their respective privileges, in accordance with the conditions referred to in the following Article, shall be issued the guidelines for the granting or extension of the concessions on the federal buildings of their jurisdiction, without prejudice to the applicable legal provisions. They shall also submit an annual report to the Chamber of Deputies of the H. Congress of the Union on the concessions granted in the corresponding period.
ARTICLE 73.- Concessions on federal buildings, with the exception of exceptions provided for in other laws, may be granted for up to fifty years, the which may be extended one or more times without exceeding the said deadline, in the judgment of the concessionaire, having regard to both its granting and its extensions, to the following:
I.- The amount of the investment that the dealership intends to apply;
II.- The repayment term for the investment made;
III.- The social and economic benefit that it means for the region or locality;
IV.- The need for the activity or service to be provided;
V.- The fulfillment by the concessionaire of the obligations to his office and the provisions of the specific laws by which the concession was granted;
VI.- The value that at the end of the concession period, have the works and facilities made to the building by the concessionaire, and
VII.- The amount of reinvestment that is made for the improvement of the facilities or the service provided.
The holder of a concession shall enjoy a term equivalent to ten percent of the period of the concession, prior to the expiration of the concession, in order to request the extension in respect of which it shall take precedence over any applicant. At the end of the period of the concession, or the last extension in its case, the works and facilities permanently attached to the concessionary building will pass to the domain of the Federation.
ARTICLE 74.- Federal real estate concessions are extinguished by any of the following:
I.- The expiration of the term for which it was granted;
II.- Renunciation of the dealership ratified before the authority;
III.- Disappearance of the purpose or object of the grant;
IV.- Nullity, revocation, and expiration;
V.- Rescue Declaratory;
VI.- When national security is affected, or
VII.- Any other provided for in the laws, regulations, administrative provisions or in the concession itself, which in the judgment of the concessionaire impossible or inconvenient their continuation.
ARTICLE 75.- It is the cause of the expiration of the concessions, not to initiate the use or use of the concession property within the period specified therein.
ARTICLE 76.- Concessions on federal buildings may be revoked by any of these causes:
I.- Stop complying with the purpose for which the concession was granted, give the object of the grant a different use than the authorized one or not use the good of agreement with the provisions of this Law, its regulations and the title of concession;
II.- Stop complying with the conditions to which the grant of the concession is held or to infringe the provisions of this Law and its regulations, except for legal provision provides for a different sanction;
III.- Stop paying in a timely manner the rights set forth in the title of concession or other applicable tax contributions;
IV.- cede the rights or obligations arising from the title of concession or lease or comodato fractions of the concession property, without the respective authorization;
V.- Perform unauthorized works;
VI.- Danar ecosystems as a result of use, exploitation or exploitation, and
VII.- The others provided for in this Act, in its regulations or in the grant title.
Declared the revocation, the concessionaire shall lose in favor of the Federation the goods affected to the concession, without being entitled to any compensation.
In the concession titles, the financial penalties to which the concessionaires will be made may be established, for which the application will be taken into account profit obtained, damage caused or the amount of rights omitted. In the case of section IV of this precept, the following article shall be taken into account.
ARTICLE 77.- Dependencies that grant concessions, may authorize dealers to:
I.- Give in lease or comodato fractions of the concessionary federal buildings, provided that such fractions are to be used in the activities directly related to those which are the subject of the concessions themselves, in which case the lessee or as a datario shall be in charge of solidarity. In this case, the concessionaire shall maintain all obligations arising from the concession, and
II.- Ceder the rights and obligations arising from the concessions, provided that the transferee meets the same requirements and conditions as account for granting.
The authorization referred to in this Article must be obtained by the concessionaire, prior to the performance of the legal acts referred to in the Previous fractions.
Any operation that takes place in violation of this article will be null and the dependency that has granted the concession will be able to make effective the sanctions the economic conditions laid down in the respective concession or, where appropriate, revoke the same, in accordance with the guidelines to be issued by the Secretariat for that purpose.
To apply the economic sanctions to be made by the dealers for allowing, without the respective authorization, that a third party uses, takes advantage of or explodes Buildings subject to the public domain regime of the Federation shall be taken into account in the quantities which they have obtained as consideration.
Section Fourth
Of Buildings Used for Religious Purposes
ARTICLE 78.- The federal buildings used for religious purposes and their annuities, as well as the furniture located in them that are considered immobilized or connected to the use or religious destination, will be governed in terms of their use, administration, conservation and surveillance, so they have the articles 130 and 17th Transitional of the Political Constitution of the United States Mexicans and their law, as well as, where appropriate, the Federal Law on Monuments and archaeological, artistic and historical areas and their regulations; this law, and the other applicable provisions.
Federal furniture and buildings and their annuities used for religious purposes, are those nationalized as referred to in Article 17th Transitional of the Political Constitution of the United Mexican States. These goods may not be subject to the disincorporation of the public domain regime of the Federation, of grant, permit or authorization, or of lease, comodor or usufruct.
Federal buildings used for religious acts of public worship are considered to be intended for a public object.
ARTICLE 79.- With regard to the federal furniture and buildings used for religious purposes and their annuities, the Secretariat shall be responsible for:
I.- administratively resolve all issues raised about the extent and dislint of federal buildings used for religious purposes and its annexities, as well as the rights and obligations of religious associations and those responsible for the temples in respect of the administration, care and supervision of such property;
II.- Integrate the information and documentation to obtain the judicial decision or the corresponding administrative declaration in respect of the buildings nationalized;
III.- Review and, if necessary, approve the projects of works presented by the religious association user of each building, for maintenance, conservation and optimum use, with the exception of those considered as historical or artistic monuments according to the law of the subject or the corresponding declaratory;
IV.- To monitor the construction, reconstruction, extension and maintenance of federal buildings used for religious purposes, with the exception of those regarded as historical or artistic monuments in accordance with the law of the subject or the corresponding declaratory;
V.- Require representatives of religious associations or those responsible for the temples, to carry out maintenance and conservation works, as well how to take the necessary measures for this purpose;
VI.- Suspend the works or order their modification or demolition, when executed without their approval or without adjusting to the terms of the approval;
VII.- To determine the rights and obligations of religious associations and those responsible for the temples, in terms of the conservation and care of Federal buildings used for religious purposes and furniture located in those buildings which are considered to be frozen or are connected to the use or religious destination, and
VIII.- Communicate to the Secretariat of Government the persons appointed and registered by the religious associations as responsible for the temples and the property which is regarded as historical or artistic monuments in accordance with the law of the matter or the corresponding declaratory, as well as to the Secretariat of Public Education in respect of those responsible for the latter.
ARTICLE 80.- With regard to the federal buildings used for religious purposes and their annuities, to the Secretariat of the Interior, without prejudice to the Other laws will be entrusted to you by:
I.- Resolve administratively and ultimately all issues raised about the destination, use or any type of federal property affectation used for religious purposes and their annuities;
II.- Know and resolve in short, any differences that arise between the dependencies of the three government orders and the religious associations and ministers of cults, in relation to federal buildings used for religious purposes and their annuities;
III.- Determine the religious association to which the right to use and guard a federal property corresponds, in case of doubt or conflict;
IV.- Start in a coordinated manner with the Secretariat or directly, the complaints and judicial procedures aimed at preserving the property rights of the Nation with respect to the federal buildings used for religious purposes and of the furniture located in the buildings which are considered to be frozen or to be connected to the use or religious destination;
V.- Order the temporary suspension of the use of the building or the closure, in the event that acts contrary to the laws are carried out within the same act, and
VI.- Coordinate with the Secretariat for the granting, where appropriate in terms of the Law of Religious Associations and Public Cult, of the constancy in the the use of religious associations in favor of federal buildings used for religious purposes and their annexations is recognized.
ARTICLE 81.- If the federal furniture and buildings used for religious purposes and their annuities are considered as historical or artistic monuments in accordance with the law of the matter or the corresponding declaratory, the Secretariat of Public Education shall be responsible for these goods:
I.- administratively resolve all issues raised about the preservation, restoration, and maintenance of furniture and buildings, through of the National Institute of Anthropology and History and the National Institute of Fine Arts and Literature, as appropriate;
II.- Collaborate with the Secretariat and, where appropriate, exercise legal and administrative actions for the preservation and defense of such goods;
III.- Present in a coordinated manner with the Secretariat or directly, the denunciations in the criminal order to be taken to safeguard the federal buildings referred to in this article;
IV.- Review, approve, and, where appropriate, execute the projects of work presented to you by the religious association user of each building, for maintenance, conservation and optimal use, as well as monitoring and monitoring the execution of such works;
V.- Require representatives of religious associations or those responsible for the temples, to carry out maintenance and conservation works, as well how to take the necessary measures for this purpose;
VI.- Suspend the works or order their modification or demolition, when executed without their approval or without adjusting to the terms of the approval;
VII.- Determine the protection zone that corresponds to each building, to the effect that, without affecting the heritage rights of third parties, protect the stability of the good and preserve its historical or artistic value;
VIII.- Dictate whether a modification in the use or use that is intended to give to the nationalized real estate, is compatible with its vocation and characteristics;
IX.- Define the criteria and technical standards to be attached to the users of the buildings, for the elaboration of the inventory and catalogue of the furniture federal property located in the same, and for their custody, maintenance and restoration, as well as coordinate the lifting of the inventory and catalog, and
X.- Authorize the temporary transfer of the movable property considered as historical or artistic monuments according to the law of the matter or the declaratory for the purposes of dissemination of the culture, in accordance with the convention to be concluded for this purpose, and to verify that the necessary security measures are taken to safeguard these goods.
ARTICLE 82.- The governments of the states and the Federal District, in aid of the Secretariat of the Interior and the Secretariat, will be able to cooperation or coordination agreements to be concluded, to exercise the following powers in relation to the federal buildings used for religious purposes and their annexations, with the exception of those regarded as historical monuments or art in accordance with the law of the matter or the declaratory corresponding:
I.- Watch for preservation and preservation, as well as for furniture located in such buildings that are considered to be immobilized or to be connected to the use or religious destination;
II.- Vigil and supervise that in federal buildings used for religious purposes no acts contrary to laws are carried out;
III.- Require religious associations or church officials to perform maintenance and conservation works;
IV.- Review and, where appropriate, approve the projects of works presented to it by the religious association user of each building, for maintenance, conservation and optimal utilization;
V.- Monitor the construction, reconstruction, expansion, conservation, maintenance and optimal use of federal buildings used for religious purposes;
VI.- Review that the works that are performed on such buildings comply with the security technical specifications and standards that the laws establish premises;
VII.- Suspend the works or order their modification or demolition, when executed without approval or without adjusting to the terms of this;
VIII.- Suspend the use of the buildings when they present structural damage that puts their stability or the physical integrity of the people at risk;
IX.- To assist with the Secretariat in the integration of information and documentation that allows for the obtaining of the judicial resolution or the declaration corresponding administrative, in respect of nationalised buildings;
X.- Inventing and cataloging the federal buildings used for religious purposes and their annuities, which are located in their respective federative entity, and
XI.- Give the local authorities concerned the legal status to which the federal buildings used for religious purposes are subject; and their annuities.
ARTICLE 83.- Religious associations shall have on federal buildings used for religious purposes and their annuities, the following rights and obligations:
I.- Distribute real estate spaces in the most convenient way to perform their religious activities;
II.- Avoid and prevent acts that threaten the safeguarding and preservation of the buildings, as well as the furniture to be considered immobilized or that save connection to the use or religious destination;
III.- Present the complaints that correspond and inform the Secretariat immediately and, in the case of federal buildings considered as monuments historical or artistic according to the law of the matter or the corresponding declaratory, to the Secretariat of Public Education;
IV.- To assist with the Secretariat in the integration of the information and documentation necessary to obtain the judicial resolution or the declaration (a) corresponding administrative arrangements for the nationalised buildings, as well as submitting them to the Secretariat itself, which shall determine the route from which they are to be taken;
V.- Deliver to the Secretariat the buildings when they cease to be used for religious purposes, dissolve or liquidate the religious association user, or be closed in the terms of the Law of Religious Associations and Public Cult, notice to the Secretariat of Government of such delivery;
VI.- Carry out construction works, repair, restoration, extension, remodeling, preservation, maintenance and demolition of these goods, you must obtain the corresponding licenses and permissions.
In the case of federal buildings considered historical or artistic monuments according to the law of the subject or the corresponding declaratory, the associations They must obtain the authorizations from the Ministry of Public Education, through the National Institute of Anthropology and History or the National Institute of Fine Arts and Literature, as appropriate, as well as the requirements that they indicate for the conservation and protection of the the artistic or historical value of the property in question, taking into account the provisions of Article 81 (IV), as well as Article 105 of this Law.
VII.- Build with its own resources, when the characteristics of the building permit, columbarians for the deposit of human remains arid and ashes, To obtain prior authorization from the Secretariat and, where appropriate, the Secretariat of Public Education, as well as to cover the rights established by the Federal Law on Rights;
VIII.- Allow the deposit of dry human remains and ashes in the temples and their annuities that have authorized columbarians, subject to the corresponding health and municipal provisions, prior to the payment of the respective rights by the parties concerned. No concessions may be granted for individuals to market or operate the columbarians;
IX.- Request to the Secretariat, for inventory purposes, the registration of federal buildings used for religious purposes, and
X.- Appoint and register with the Secretariat the representatives of the religious associations that serve as responsible for the temples and the goods that are considered as historical or artistic monuments in accordance with the law of the subject or the corresponding declaratory.
Fifth Section
From Administration and Disposition Acts
ARTICLE 84.- Federal buildings which are not useful for the purpose of public service or which are not commonly used may be the subject of the following Administration and disposition acts:
I.- Disposal for onerous title;
II.- Permuta with the entities; the governments of the states, the Federal District and the municipalities or their respective parastatal entities, or with private individuals, in respect of buildings which, due to their location, characteristics and aptitudes satisfy the needs of the parties;
III.- Disposal for payment or free of charge, in accordance with the criteria that determine the Secretariat, taking into account the opinion of the Secretariat of Social Development, in favor of public institutions that are in charge of solving problems in the popular room to attend to collective needs;
IV.- Sale to the owners of the adjacent premises, of the land that having been public roads have been removed from that service, or the borders, ditches, hedges, fencing or other dividing elements which have served as a limit. If several members are involved and wish to exercise this right, the sale shall be carried out on a pro rata basis;
V.- Donation in favor of decentralized federal agencies whose object is education or health;
VI.- onerous disposal or contribution to the equity of entities;
VII.- Affecting public trust funds in which the Federal Government is Trustee or trustee;
VIII. Compensation as payment in kind for expropriations and affectations;
IX.- The last property owner of the property being acquired by public law paths, when it is to be sold;
X.- Donation in favor of the governments of the states, the Federal District and the municipalities, or their respective parastatal entities, in order to use the buildings in local public services, educational or social assistance purposes; to obtain funds for the purpose of applying them in the financing, amortisation or construction of public works, or to promote actions of general interest or of collective benefit;
XI.- Disposal for consideration in favor of persons in private law who require have such buildings for the creation, promotion or conservation of a company that benefits the community, or for the implementation of housing and urban development programmes;
XII.- Lease, as data or usufruct in favor of institutions that perform activities for social assistance or scientific research, provided that they are not for profit;
XIII.- Disposal for onerous or free, lease or comodato in favour of trade union organisations established and recognised by labour law for the fulfilment of their purposes;
XIV.- Lease in full or partial form, and
XV.- Other acts of an onerous nature that are warranted in terms of this Law or applicable laws.
Federal buildings regarded as historical or artistic monuments in accordance with the law of the subject or the corresponding declaratory shall not be subject to disintegrating of the public domain regime of the Federation.
The federal buildings referred to in the preceding paragraph, with the exception of those nationalized as referred to in Article 17 of the Transitional Political Constitution of the United Mexican States, before or after its promulgation, may be granted in favor of private individuals who are not for profit, provided that they guarantee their social use, and commit themselves to absorb the necessary restoration, conservation and maintenance costs and give the buildings a use compatible with their nature.
In cases where the Federation exercises the possession, control or administration of an immovable property, without having the instrument of ownership The Commission may, in accordance with Article 3 (2) of the Treaty, grant the following rights to the public in respect of the sale of immovable property in respect of the sale of immovable property in the territory of the Member State of the European Union. Federation.
In order to carry out the acts of disposition which have the character of free of charge as referred to in this article, the respective opinion shall be answered. the operation.
The proceeds from the sale of federal buildings should be concentrated in the Federation's Treasury. The contributions and other expenses covered by the Secretariat for the sale of the federal buildings will be charged to the proceeds of the sale. In order to recover these expenses, the Secretariat shall carry out the budgetary procedures from the Secretariat of Finance and Public Credit, in accordance with the applicable budgetary and fiscal arrangements.
When the agencies make available to the Secretariat for sale the federal buildings that are at their service, or the Secretariat itself proceeds to In addition, they will be able to grant a percentage of the income obtained by their sale so that the corresponding amount will apply to the improvement of the areas in which the services are provided to the citizenry in terms of what the Budget of the Federation's expenditures.
ARTICLE 85.- The sale of federal buildings that are not useful for public service or that are not for common use, shall be made by means of a tender public, with the exception of the cases provided for in Article 84 (III), IV, VI, VII, IX and XIII of this Law, in which the sale shall be made through direct award, subject to the accreditation of the cases referred to in those Articles. fractions.
The value for sale shall be that determined by the guarantor who practices the Secretariat.
If a public tender is made, the federal property in question is not sold, the Secretariat may choose, depending on the Federal Government's best conditions for price, opportunity and other relevant circumstances, for any of the following alternatives to sell:
I.- To hold a second public tender, pointing out as legal posture eighty percent of the base value. If the building is not sold, a third public tender will be held, with sixty percent of the base value being established as a legal position;
II.- Award the property to the person who will cover the base value, or
III.- To award the property, if the second or third public tenders have been carried out without selling the property and there is no proposal to cover the the base value, the person covering the legal position of the last invitation to tender.
In the cases set out in the preceding fractions, only the base value used for the previous invitation to tender shall be maintained, if the respective valuation opinion continues. If the opinion is concerned, a new assessment should be carried out.
ARTICLE 86.- The Secretariat will issue the rules for the sale of federal buildings.
The Secretariat may entrust the promotion of the sale of federal buildings to persons specializing in the matter, when it has sufficient evidence of evidence to consider that the alternatives of potential buyers and the possibility of achieving higher prices can be increased. To this end, the Secretariat may entrust the promotion to various public corridors or other real estate agents on the basis of the geographical distribution of the federal buildings concerned, having to comply with the provisions of the Law of Procurement, Leases and Public Sector Services.
The Secretariat will integrate a register of real estate developers, in which the public corridors and real estate agents who wish to contract with the Secretariat, for which it shall cover the requirements to be laid down in the provisions issued by the Secretariat itself.
ARTICLE 87.- The federal buildings that for their surface and location are suitable for their application to housing programs, except those that are useful for the purpose of public service, of common use, those used for religious purposes and those regarded as historical or artistic monuments in accordance with the law of the subject or the corresponding declaratory, may be affected by the development of such actions, through the public or private institutions that lead to activities of such nature, in the terms and conditions laid down in this Law, in the General Law of Human Settlements and in other correlating.
ARTICLE 88.- All onerous disposal of federal buildings shall be of cash, except for the purposes of the resolution housing needs of social interest and are carried out directly in favour of groups or persons who, in accordance with the criteria laid down by the Secretariat for Social Development, can be considered as scarce resources. The acquirers shall enjoy a period of up to twenty years, in order to pay the price of the building and the corresponding interest, provided that they deliver in cash, as first exhibition, at least ten per cent of that price. Such benefits shall not be granted to persons who acquire property whose extension exceeds the maximum area established as a type lot in each area, taking into account the provisions in force in the area of urban development.
The Secretariat may extend the benefits referred to in the preceding paragraph, without the time limit for paying the price of the property exceeds two years, to the persons natural or moral who intend to carry out housing projects of social interest, to solve the housing needs of people of limited economic resources in a given area or area or to regularize the tenure of the land. Such a dependency must be ensured in any case for the fulfilment of the objectives outlined.
ARTICLE 89.- In the term, the Federation will reserve the domain of the federal buildings until the total payment of the price, of the interest agreed to and from the moratoria, where appropriate, and the purchasers shall not have the power to bring down or modify the constructions without express permission of the Secretariat.
In the case referred to in the second paragraph of Article 88 of this Law, the domain reservation may be partially released in proportion to the payments (a) where the acquirer has divided or subdivided the building in question, the fractions being fully identified with their measures and colluding and the value of each of them being determined. The Secretariat shall take care that the fractions of land whose domain is in reserve shall ensure, in its judgment, the payment of the price, the interest agreed upon and the moratoria which, if any, have been agreed.
In the respective contracts, it must be stipulated that the non-payment of three monthly payments on account of the price and of their interest on the agreed terms, as well as the violation of the prohibitions contained in this article, will give rise to the termination of the contract.
ARTICLE 90. (Repeals)
ARTICLE 91.- In cases where the Federal Government decentralizes functions or services in favor of the governments of the states, the Federal District or the The Secretariat shall, and determine the transmission of the domain of the federal buildings used in the provision of those functions or services, to conclude the contracts for the donation or, where appropriate, the free transfer of rights posesoriums.
ARTICLE 92.- The disposal of federal buildings, as referred to in Article 84 of this Law, shall only be carried out by means of the presentation of projects which indicate the principal use of the building and, where appropriate, the time provided for the initiation and completion of the works, and the financing plans. In the case of non-compliance with the projects within the prescribed deadlines, both the well-donated and its improvements will be reversed in favour of the Federation.
ARTICLE 93.- The administrative agreement authorizing the disposal of federal buildings for free in the cases provided for in this Law may fix the the maximum period within which the use of the good in the requested object must be initiated; in the case of omission, the term shall be one year, counted from the date on which the respective contract is concluded.
If the recipient does not initiate the use of the building at the end specified within the time limit, or if he/she has done so, he/she will be given a different use, without the prior to the authorization of the Secretariat, both as well as its improvements will be reversed in favor of the Federation. When the donataria is a private association or institution, the reversion of the property and its improvements in favor of the Federation will also proceed, if the donation distorts the nature or the non-profit character of its purposes, if it stops fulfilling its object or if it is extinguished. The conditions referred to in this Article shall be inserted in the respective writing of disposal.
ARTICLE 94.- When the assumptions are given for the reversion of the immovable property in a free title, as referred to in Articles 92 and 93 of this Law, the The Secretariat shall substantially the administrative procedure to recover the property and possession of the property in question, in the terms set out in Articles 108 to 112 of this Law.
In the event that the reversal is made, the Secretariat will proceed to issue the declaratory that the property will revert to the patrimony of the Federation and that it is constitutes the title of property on the property, which must be published in the Official Journal of the Federation and registered in the Public Registry of the Federal Property and in the Public Registry of the Property that corresponds to the place of location of the good.
Sixth Section
From the Formalization of the Procurement and Domain Translatives
ARTICLE 95.- When determining the acts of disposal referred to in Article 84 of this Law, the issuance of the agreement shall be required. the administrative authority that disincorporates from the public domain regime of the Federation to the real estate concerned, and authorizes the respective operation.
Federal buildings which, in accordance with the preceding paragraph, are removed from the public domain regime of the Federation, shall only lose their status as Inalienable. Likewise, for the purposes of the second paragraph of section IV of Article 115 of the Political Constitution of the United Mexican States, such buildings shall not be considered as property subject to the public domain regime of the Federation.
ARTICLE 96.- The legal acts related to buildings in which the Federation is a party and that in the terms of this Law require the intervention of notary, they will be held before the Notaries of the Federal Property Heritage that will appoint the Secretariat, among those legally authorized to exercise the notary, whose list will make public.
The Notaries of the Federal Property Heritage will carry special protocol for the legal acts of this branch, and their respective appendices and indices of instruments and with the other requirements that the law requires for the validity of the notarial acts. These special protocols shall be authorised by the competent authorities of the federal authorities, where required by the applicable local laws, and by the Secretariat. Notaries shall give notice of the closing and opening of each special protocol to the Secretariat and send a copy of the instrument index each time a special protocol is closed. This dependency may make revisions or require periodic information on special protocols to verify compliance with applicable legal provisions.
In the case of the absence of the Notaries of the Federal Property Heritage, those who plan them in terms of the respective local legislation, whether or not Notaries of the Federal Real Estate, they may authorize, both preventive and definitely, an instrument that is established in the respective protocol, as well as to issue testimonies of those that are settled within the protocol, but they will not be able establishing new instruments. If the alternate exercises the powers of authorization granted to him by this paragraph, he must inform the Secretariat that he is in charge of the supply, founding and motivating the same in the terms of his respective legislation.
The Secretariat will issue guidelines that regulate specific aspects regarding the granting of acts related to federal buildings, which must be addressed to the Notaries of the Federal Property Heritage.
ARTICLE 97.- Entities may freely choose the notary public with residence in the federal entity in which the property in question is located, for formalize each of the acquiring or translational acts of property ownership that they hold.
The offices, the Attorney General's Office and the administrative units of the Presidency of the Republic, will be able to freely choose the Notary of the Federal Real Estate Property with residence in the federal entity in which the property in question is located, to formalize the acquisition of property of real estate in favor of the Federation.
At the request of the office, the Attorney General of the Republic, one of the administrative units of the Presidency of the Republic or the interested entity, the Exceptionally, if you consider it appropriate, you will be able to enable a Notary of the Federal Property Heritage or, in the case of entities, any other public notary of different territorial district, without prejudice to the laws local in the subject of the notarization.
ARTICLE 98. The Federal Property Notaries will formalize the acquisition or transfer of domain of real estate that grants the Federation or entities, and both they and the public notaries who formalize acts granted by the entities, will be responsible for the acts that are held in their faith to comply with the provisions of this Law and the other legal provisions applicable.
The Notaries of the Federal Property Heritage and the public notaries will be obliged to make the corresponding representations to obtain the registration of the In the Public Registry of the Federal Property and in the Public Registry of the Property that corresponds to the location of the property, and to send to the Secretariat the duly registered testimony, in a period not greater than six months from the date on which they have authorised each writing, except in duly justified cases. In case of non-compliance, they will incur liability and will be sanctioned in the terms of this Act.
In cases involving Notaries of the Federal Property Heritage, the fees that correspond to them according to the tariff that establishes the fees of the notaries, will be reduced by fifty percent. When instruments are granted within programs for the regularization of the property or the promotion of housing, the administrative units of buildings may agree with the respective Notary Colleges, rates and special quotas. for the granting of such instruments.
ARTICLE 99.- No notary intervention will be required in the following cases:
I.- Donations in favor of the Federation;
II.- Donations of the Federation in favor of the governments of the states, the Federal District and the municipalities, and their respective entities;
III.- Acquisitions and disposals for free or onerous title to be made by the Federation with the entities;
IV.- Declaring that a real estate is part of the patrimony of the Federation, as referred to in Article 55 of this Law;
V.- Transmissions of property in favour of the Federation of the real estate that have been part of the assets of the entities, in cases where extingan, dissolves or liquidated;
VI.- Adjudications in favor of the Federation in the cases provided for in Article 57 of this Law;
VII.- Donations to be carried out by the governments of the states, the Federal District or the municipalities, or their respective parastatal entities, in favor of entities, for the performance of their object's activities;
VIII.- Enajenations of federal real estate in favor of persons of limited resources, to satisfy housing needs, when the value of each property does not exceed the sum that results from multiplying by ten the general minimum wage to the year corresponding to the Federal District;
IX.- Enajenations to be performed by entities to persons with limited resources to address housing needs of social interest, and
X.- The court decisions in the cases referred to in Article 42 (IV), XVIII, XIX and XX of this Law.
In the cases referred to in Sections I, II, III, IV, V, VI and VIII of this Article, the document to be entered in the respective act or contract shall have the of a public instrument. In the scenarios provided for in fractions VII and IX, the Secretariat shall be required to authorise the respective contracts, in order for them to acquire the status of a public instrument.
ARTICLE 100.- In case the acts of acquisition of real estate in favor of the Federation are affected by nullity, these may be validated in terms of the provisions of the Federal Civil Code, without prejudice to the responsibilities of the public servant concerned, in the terms of the applicable legal provisions.
ARTICLE 101.- They must be published in the Official Journal of the Federation:
I.- The orders the issue of which provides for this Law;
II.- The expropriatory presidential decrees;
III.- Declarations that determine that a good is subject to the Federation's public domain regime;
IV.- The declaratoria for which it is determined that a good is part of the patrimony of the Federation;
V.- Administrative arrangements that provide federal real estate except those that contain information reserved in the terms of the law of the matter;
VI.- Administrative agreements that disintegrate buildings from the Federation's public domain regime and authorize their disposal;
VII.- Conventions affecting federal buildings to activities of international organizations of which Mexico is a member;
VIII.- Calls for public tenders for the sale of federal buildings;
IX.- Administrative declaratoria on nationalized real estate, and
X.- Other legal acts that order this Act or other applicable legal provisions.
Seventh Section
From the Realization of Works and Conservation and Maintenance
ARTICLE 102.- The Secretariat shall determine the technical standards and criteria for the construction, reconstruction, adaptation, conservation, maintenance and use of the federal buildings that it has used to be used as administrative offices, border ports, warehouses and warehouses. These rules and criteria shall not apply to military engineering works and to those carried out for national security.
ARTICLE 103.- The Ministry of Public Education, through the National Institute of Anthropology and History and the National Institute of Fine Arts and Literature, as appropriate, will determine the technical standards and criteria for the restoration, reconstruction, adaptation, conservation, preservation, maintenance and use of the federal buildings considered as historical monuments or art in accordance with the law of the matter or the declaratory which are intended for the service of public institutions.
ARTICLE 104.- The Secretariat of Finance and Public Credit and the Secretariat will intervene in the terms of the Public Works and Services Act. The Mismas and the Law of Budget, Accounting and Public Expenditure Federal, according to their competence in the matter, when they are required to execute construction works, reconstruction,, adaptation, conservation and maintenance of Federal buildings, as well as for the optimal use of spaces.
For the performance of works in federal buildings considered as historical or artistic monuments according to the law of the matter or the declaratory which are intended for the service of public institutions, shall be required from the prior authorisation of the Secretariat of Public Education.
ARTICLE 105.- The recipient institutions shall perform the construction, reconstruction, restoration, modification, adaptation, and the use of spaces for the buildings intended, in accordance with the projects they formulate and, where appropriate, the technical standards and criteria to be issued by the Secretariat or the Secretariat of Public Education, as appropriate. The recipient institution concerned may deal with the respective budgetary adequacy so that, where appropriate, the Secretariat or the Secretariat of Public Education in the case of historical or artistic monuments, through its organs competent, carry out such works, in accordance with the convention which the effect of which they subscribe subject to the applicable provisions.
ARTICLE 106.- If the administrative offices of different public institutions were housed in the same federal building and the carrying out works, as well as the necessary budgetary resources, these public institutions shall be subject to the following rules:
I.- The Secretariat shall carry out the construction, reconstruction or modification works or, where appropriate, the restoration of these goods, in accordance with the projects that for this purpose may be formulated in terms of the respective agreement;
II.- For the purposes of adapting and taking advantage of the spaces assigned to the public institutions occupying a federal building, the corresponding projects must be approved by the Secretariat, and its execution supervised by the same;
III.- The preservation and maintenance of the areas of common use of the buildings referred to in this article will be executed according to a program that each specific case makes the Secretariat with the participation of the public institutions occupying power, and
IV.- The preservation and maintenance of the interior premises of the building that serve for the exclusive use of some public institution, will be in charge of it.
For the effects foreseen in fractions I and III of this article, dealing with the dependencies, the Attorney General's Office, the units The administrative authorities of the Presidency of the Republic and the institutions may process the respective budgetary adjustments so that, where appropriate, the Secretariat carries out such actions, in accordance with the convention which the effect of which they have the applicable provisions.
In the event that the Legislative and Judicial Powers of the Federation, the agencies and entities of the public administrations of the Federal District are squatters, state and municipal or federal or local institutions with autonomy granted by the Political Constitution of the United Mexican States or by the Constitutions of the States, for the purposes provided for in fractions I and III of the This Article shall involve the resources of the necessary in direct relation to the space which they occupy exclusively in the building in question.
Eighth Section
From Recovery of Infurniture to the Administrative Path
ARTICLE 107.- Regardless of the actions on the court, the administrative unit of the property concerned may carry out the administrative procedure to recover the possession of a federal property from its jurisdiction, in the following cases:
I.- When a particular person explodes, uses or takes advantage of a federal property, without prior granting, permission or authorization, or concluded contract with the competent authority;
II.- When the particular has had grant, permission, authorization, or contract, and does not return the property to the property manager at the end of the the time limit laid down or a use other than the authorised or agreed term, without the prior authorisation of the competent property administrator, or
III.- When the individual does not comply with any other obligation entered in the respective concession, permit or authorization.
ARTICLE 108.- In any of the assumptions mentioned in the previous article, the property manager dependency will dictate a start of the procedure, which must be founded and motivated, indicating the name of the persons against whom it is initiated.
The agreement referred to in the preceding paragraph shall add the documents in which the property administrator supports the initiation of the procedure corresponding administrative.
ARTICLE 109.- The property administrator dependency on the business day following the one on which the administrative procedure is agreed to begin, notify the persons against whom it is initiated, by means of an accredited public servant. The notification shall indicate that it has 15 working days, in order to take place before the office itself, in order to enforce the rights which, where appropriate, have and accompany the documents in which it covers its exceptions and defences.
ARTICLE 110.- The procedure will be subject to the following rules:
I.- In the notification it shall be expressed:
a) The name of the person you are targeting;
b) The reason for the diligence;
c) The legal provisions in which it is sustained;
d) The place, date, and time that the hearing will be verified;
e) The data subject's right to provide evidence and to allege in the hearing by himself or through his legal representative;
f) The warning that in the event of failure to appear for the hearing, it will be held to the affirmative, as well as by preclulide its right to to do so later;
g) The name, position, and autograph signature of the public server of the competent property administrator that issues it, and
h) The indication that the respective case file is at your disposal for consultation at the place where the hearing will be verified.
II.- The audience will be undrowned in the following way:
a) The evidence to be offered will be received, and will be supported and will be undrowned from the date specified;
b) The comparist will formulate the arguments that it considers relevant, and
c) Administrative minutes shall be lifted in which the circumstances above are established.
ARTICLE 111.- Notifications shall be made in accordance with the provisions of the Federal Administrative Procedure Act.
ARTICLE 112.- The competent property administrator shall receive and, where appropriate, admit and de-choke the evidence referred to in Part II, Article 110 (a) of this Law no longer than 30 working days.
The evidence admitted and, if applicable, the pleadings have been formulated, the authority shall issue the appropriate resolution.
ARTICLE 113.- The resolution must contain the following:
I.- Name of persons subject to the procedure;
II.- The analysis of the issues raised by stakeholders, if any;
III.- The assessment of the evidence provided;
IV.- The fundamentals and reasons for the resolution;
V.- The declaration on the provenance of the termination, revocation or expiration of the concessions, permits or authorizations;
VI.- The terms, if any, to carry out the recovery of the property in question, and
VII.- The name, position, and autograph signature of the public server of the competent property administrator that issues it.
Such a decision shall be notified to the person concerned within five working days following his/her issue, making it known to him/her the right to bring the action review provided for in the Federal Administrative Procedure Act.
ARTICLE 114.- Once the pronounced resolution is signed, the property administrator that dictated the resolution will execute it, being empowered to apply the award measures provided for in the Federal Code of Civil Procedure if necessary.
ARTICLE 115.- The property administrator may conclude with the individual agreements or conventions of a conciliatory nature at any time, provided that they are not contrary to the applicable legal provisions.
CHAPTER III
FEDERAL PUBLIC ADMINISTRATION BUILDINGS FOR STATE
ARTICLE 116.- The properties owned by the entities are not subject to the regime of public domain of the Federation that establishes this Law, except those properties owned by the decentralised bodies.
Entities may themselves acquire the domain or use of the buildings necessary for the realization of their object or purpose, as well as perform any act legal status of property, subject to the rules and bases established by its governing bodies, in the terms of the Federal Law of the ParaState Entities, without requiring authorization from the Secretariat. In the case of the disposal of buildings owned by decentralised bodies, the provisions of Article 117 of this Law shall apply.
Real estate owned by entities, can be the subject of all contracts that regulate the common law.
ARTICLE 117.- The properties owned by the decentralized agencies, except for the cases provided for in the following paragraphs of this article, only may be removed from the public domain regime of the Federation for disposal, by administrative agreement of the Secretariat, as determined by the Secretariat.
For the disposal of real estate owned by the decentralized agencies that do not come directly using the object, do not know require the administrative agreement of the Secretariat, provided that the body concerned has previously established the non-usefulness of the good in order to comply with its object and has the authorization of its governing body to carry out the disposal.
The decentralised bodies responsible for the acquisition, development, fractionation or marketing of buildings, as well as the regularisation of the Land tenure and urban and housing development, may dispose of those of their property without previously requiring of the administrative arrangement referred to in the first paragraph of this article.
ARTICLE 118.- The buildings owned by the decentralized organizations, except those that are inalienable, can only be taxed with the express authorization of the Federal Executive, which will be dictated through the Secretariat of Finance and Public Credit when, in the opinion of the Federal Executive, so it is necessary for the best financing of the works or services in charge of the decentralized agency of in question.
TITLE FOURTH
FROM THE FEDERAL LAND SEA AREA AND LAND GAINED FROM THE SEA
ONLY CHAPTER
ARTICLE 119.- Both in the continental massif and in the islands that make up the national territory, the federal land sea area will be determined:
I.- When the coast presents beaches, the federal land sea area shall be constituted by the belt of twenty meters of solid, passable and adjacent to those beaches or, where appropriate, to the river banks, from the mouth of the rivers to the sea, up to a hundred metres upstream;
II.- The entire surface of the cays and reefs located in the territorial sea will be a federal land sea area;
III.- In the case of lakes, lagoons, steels or natural reservoirs of marine water that communicate directly or indirectly with the sea, the belt of twenty meters of the federal land sea area will be counted from the point where the largest annual reservoir or the limit of the pleamar, in the terms determined by the regulation, will arrive, and
IV.- In the case of artificial marinas or estuaries dedicated to aquaculture, no federal land sea area shall be demarcated, when between those sea or estros and the sea mediates a land-based maritime federal zone. The federal land-based sea area for marine areas which are not in this case shall not exceed three metres wide and shall be demarcated by ensuring that it does not interfere with the use or destination of their installations.
Where a particular concession is granted for the construction and operation of a marine or aquaculture farm and requests the Secretariat for the Environment and Natural resources the disposal of the land gained from the sea, before or during the construction or operation of the marine or farm in question, said Dependence may disintegrate from the regime of public domain of the Federation and authorise the disposal for consideration in favour of the applicant, in the terms that are set out in the corresponding administrative arrangement, which must be published in the Official Journal of the Federation.
The Department of Environment and Natural Resources will be responsible for the demarcation and delimitation of the federal land sea area.
ARTICLE 120.- The Federal Executive, through the Secretariat of Environment and Natural Resources, will promote the use and sustainable use of the area land sea and land taken to the sea. To this end, such a dependency, in coordination with the other parties which are required to intervene, will establish the applicable rules and policies, considering the plans and programmes of urban development, the ecological, the satisfaction of the requirements of navigation and marine commerce, the defense of the country, the impulse to the activities of fishing and aquaculture, as well as the promotion of the tourist and recreational activities.
The Federal Executive, through the Secretariat of the Environment and Natural Resources, may conclude agreements or coordination agreements with the aim of governments of the states and the municipalities, where appropriate, administer, retain and monitor such goods.
Such powers shall be exercised in accordance with the provisions of this Law and other applicable federal and local provisions, as well as those of the same derived.
Against acts issued by the governments of the states and, where appropriate, their municipalities, in exercise of the powers they assume in accordance with this In respect of individuals, the resources and means of defense established in the Federal Law of Administrative Procedure shall proceed.
ARTICLE 121.- For the purposes of the previous article, the coordination agreements or agreements concluded by the Federation, through the Secretariat of the Environment and Natural Resources, with the governments of the states, with the participation, if any, of their municipalities, must be subject to the following bases:
I.- They will be held on a proposal from the Federal Executive or at the request of a federal entity, when it considers that it has the necessary means, the trained personnel, material and financial resources, as well as the specific institutional structure for the development of the faculties that it would assume;
II.- They will precisely establish their object, as well as the subjects and faculties that will be assumed, and must be consistent with the objectives of the national development planning and national environmental policy;
III.- Determinate the participation and responsibility that corresponds to each of the parties, as well as the assets and resources contributed by them, specifying their destination and method of administration;
IV.- They shall establish the organ or organs which shall carry out the actions resulting from the coordination agreements or agreements, including those for evaluation, as the schedule of the activities to be performed;
V.- Define the information mechanisms that are required, so that the subscribing parties can ensure the fulfillment of their object;
VI.- Precise the validity of the instrument, its forms of modification and termination and, where applicable, the number and duration of its carryovers;
VII.- Contain, where appropriate, the technical annexes necessary to detail the commitments made, and
VIII.- The other stipulations that the parties consider necessary for the proper implementation of the coordination agreement or agreement.
It is up to the Secretariat of the Environment and Natural Resources to evaluate the fulfillment of the commitments that are assumed in the agreements or agreements of coordination to referred to in this article. This evaluation will be carried out on a quarterly basis, with the result published in the Gazette of that Dependency. In the event of non-compliance, such Dependence may terminate such agreements in advance.
the coordination agreements or arrangements referred to in this Article, their amendments and their termination agreement shall be published in the Official Journal of the Federation and in the official journal or journal of the respective federal entity.
ARTICLE 122.- In the event that the federal land sea area is invaded in whole or in part by the waters, or that they even invade Land of particular property adjacent to the federal land sea area, this will be demarcated again in the terms of this Law and its regulations. The areas of land that will become part of the new federal land sea area will lose their private ownership, but their legitimate owners will have the right of preference to be granted, as established by this Law.
ARTICLE 123.- When the exploitation or exploitation of existing materials in the federal land sea area is governed by special laws, so that the The competent authority shall grant the consent, permission or authorization, prior to the favorable opinion of the Secretariat of the Environment and Natural Resources.
When granted, permission or authorisation from competent authority for the use, exploitation or performance of activities regulated by other laws, including those related to marine, marine-port, fishing or aquaculture facilities and requires the use of the federal land sea area, the Secretariat of Environment and Natural Resources will immediately grant the (a) the granting of the right to be granted preference of the adjoining or other concessionaires, without prejudice to the compliance of the general standard for each use, operation or activity previously issued by that Dependence with regard to the federal maritime area land.
ARTICLE 124.- Only works can be carried out to artificially earn land to the sea, with the prior authorization of the Secretariat of Environment and Resources Natural and with the intervention of the Secretariat of Communications and Transport, which will determine the form and terms to execute such works.
The Secretariat of the Environment and Natural Resources shall be responsible for the possession, delimitation, control and administration of the land gained from the sea, to be used for public services, in accordance with the provisions of this Law and its regulations. However, where it is foreseeable that they are not required for the provision of public services, they may be removed from the public domain of the Federation in order to dispose of them, in accordance with Articles 84 and 95 of the Law.
In the authorizations that the Secretary of the Environment and Natural Resources grant to individuals to carry out works tending to gain land to the sea lay down the conditions, technical conditions and time limits for their implementation, the amount of investment to be made, the use or use to be made of them, and the conditions for the sale of the total or partial area eligible for (a) where the investments made by the undertaking are considered, where appropriate, in the works.
The Secretariats of Environment and Natural Resources, Communications and Transport and Tourism, in the field of their legal powers, will coordinate for to promote the construction and operation of specialised infrastructure on the coastlines.
ARTICLE 125.- When for natural or artificial causes, land on the sea is gained, the limits of the federal land sea area will be established with the new physical configuration of the land, in such a way that the land area between the limit of the new federal land-sea area and the limit of the original land-based sea-area of the land will be deemed to have been won over the sea.
When for natural or artificial causes, a portion of land ceases to be part of the federal land sea area, the particular ones that have it The concession holder shall have the right of preference to acquire the land gained from the sea, prior to the disincorporation of the public domain regime of the Federation, or to be granted, provided that the conditions and requirements are met. establish the Secretariat of Environment and Natural Resources.
ARTICLE 126.- The federal land sea area and land gained from the sea may not be subject to agricultural affectations and may not therefore be included in the presidential or jurisdictional decisions on the allocation, extension and restitution of land. The adjacent ejidos or communities shall have preference to be granted concession for the use of such goods.
ARTICLE 127.- Dealers and permissioners who exploit and exploit the federal land-based maritime zone will pay the corresponding rights, according to the provisions of the applicable tax legislation.
TITLE FIFTH
FEDERAL PUBLIC ADMINISTRATION FURNITURE
ONLY CHAPTER
ARTICLE 128.- The provisions of this Title shall be applicable to the movable property of federal property that is at the service of the dependencies, the Attorney General of the Republic and the administrative units of the Presidency of the Republic.
The privileges conferred on the Senior Officers or the equivalent of the dependencies in this Chapter shall be construed as conferring upon the holders of the unconcentrated organs.
ARTICLE 129.- The Secretariat shall issue the general rules to which the registration, affectation, final and low disposition of the movable property shall be subject to the service of the offices, the Attorney General's Office and the administrative units of the Presidency of the Republic.
The Secretariat may practice inspection visits to such institutions and entities to verify the control and existence in warehouses and inventories of goods. furniture, as well as the affectation thereof.
It will be up to the Senior or equivalent officers of the offices, the Attorney General's Office and the administrative units of the Presidency of the Republic, to issue the specific guidelines and procedures, manuals, formats and instructions necessary for the proper administration of the movable property and the management of the warehouses.
ARTICLE 130.- To the Senior or equivalent officers of the agencies, the Attorney General's Office and the administrative units of the Presidency of the Republic will be responsible, under its strict responsibility, the following:
I.- Authorize the annual program of final disposition of the movable property;
II.- Disincorporation of the public domain of the Federation of the movable property, by administrative agreement, and
III.- Authorize the celebration of permuse operations, payment, transfer, comodato, or destruction of movable property.
The administrative agreement of disincorporation referred to in section II of this article will only have the effect that the goods will lose their character of Inalienable. Such an agreement may relate to one or more duly identified goods.
ARTICLE 131.- It will be the responsibility of the agencies, the Attorney General's Office and the administrative units of the Presidency of the Republic, the disposal, transfer or destruction of the movable property of federal property which is at its service and which, by its use, use or state of conservation are no longer appropriate or is inconvenient to use in the same, as well as the disposal or destruction of the respective waste.
The disposal of the goods may be carried out by means of any act provided for by the laws and the procedure shall be in accordance with the provisions of the all that does not object to this Law.
The income earned from the enajenations referred to in this article must be concentrated in the Federation's Treasury.
When dealing with weapons, ammunition, explosives, aggressive chemicals and artifices, as well as polluting or radioactive materials or other objects whose possession or use may be dangerous or cause serious risks, their disposal, handling or destruction shall be done in accordance with applicable legal systems.
The proceedings referred to in this Article may not be carried out in favour of public servants who in any way intervene in the acts relating to (a) the following: (a) the said enajenations, neither of their spouses or consanguine relatives, and of affinity to the fourth grade or of the civilians, or of third parties with whom such servants have private or business ties. The alienation that is made in contravention of the provisions of this paragraph shall be null and void.
Public servants who are not in the cases referred to in the preceding paragraph may participate in public tenders for the movable property service of the offices, the Attorney General's Office or the administrative units of the Presidency of the Republic, which they determine to dispose of.
ARTICLE 132.- Except for the cases included in the third and fourth paragraphs of this article, the sale shall be made by public tender. If the sale of the goods is not achieved through the public tender procedure, the auction shall be held at the same event, in terms of the general rules issued by the Secretariat.
For the purposes of the auction, the legal position shall be considered to cover two thirds of the base value fixed for the tender. If in the first currency there is no legal position, a second one shall be made, deducting in this one ten percent of the amount that the legal position has constituted in the previous one. If the sale in the second currency is not achieved, the procedures referred to in the following paragraph may be used, considering for that purpose the legal position of the latter.
The offices, the Attorney General's Office and the administrative units of the Presidency of the Republic, will be able to sell movable property without holding public tender, by invitation to at least three persons or direct award, subject to the authorisation of the Secretariat, where extraordinary or unforeseeable conditions or circumstances or emergency situations arise or do not exist; at least three legally trained potential stakeholders to submit tenders. In these cases, the selection of the disposal procedure will be done in order to obtain the best conditions for the Federal Government, in terms of price, opportunity and other relevant circumstances.
The offices, the Attorney General's Office, and the administrative units of the Presidency of the Republic, will also be able to sell goods without holding public tender, where the value of these as a whole does not exceed the equivalent of one thousand days of general minimum wage in force in the Federal District.
The amount of the disposal shall not be less than the minimum values of the goods which, if applicable, determine the Secretariat on the basis of the guarantee that for this purpose practice or through the procedure that you establish with that object. The Secretariat shall, in accordance with the applicable provisions, issue the administrative instruments containing those securities.
The disposal of movable property whose minimum value has not been fixed by the Secretariat, in the terms referred to in the preceding paragraph, may not be agreed below which is determined by means of the specific goods to be carried out by the Secretariat itself, credit institutions, public corridors or valuation specialists with professional cedula issued by an authority competent.
The provisions of the preceding two paragraphs in respect of the minimum selling value shall not apply to the auction cases referred to in the second subparagraph of this Article. Article.
ARTICLE 133.- The offices, the Attorney General's Office and the administrative units of the Presidency of the Republic, with express approval of its General Officer or equivalent, or of the Committee on Furniture, where appropriate, may donate movable property of federal property that is at its service, when they are no longer useful to them, to the States, Federal District, municipalities, health institutions, charity or assistance, educational or cultural, to those who attend the the provision of social services on behalf of the agencies themselves, to the beneficiaries of a public welfare service, to the agricultural and ejido communities and to entities that need them for their purposes, provided that the value of the goods concerned of the donation, in accordance with the last paragraph of this article, does not exceed the equivalent of ten thousand days of general minimum wage in force in the Federal District. Such donation shall be made in accordance with the procedure laid down in this Chapter.
If the value of the goods exceeds the amount mentioned, it will be required prior to the authorization of the Secretariat.
In the case of humanitarian aid or scientific research, the Federation may donate movable property to foreign governments and institutions, or to organizations international, by means of a presidential agreement endorsed by the holders of the Secretariat of Foreign Affairs, the Secretariat and the dependency on whose inventories the good appears.
In any case, the donation of goods must be made at the acquisition or inventory value.
ARTICLE 134.- The transfer of movable property may be carried out exclusively between dependencies, the Office of the Attorney General of the Republic and the For this purpose, the administrative authority of the President of the Republic shall be given the prior authorization of the General Staff or the equivalent of the institution to whose service the goods are located, which shall not require the obtaining of an endorsement, but must formalized at acquisition or inventory value, by means of delivery minutes receipt.
ARTICLE 135.- The disposal, transfer or destruction shall be carried out in the event of the cancellation of records in inventories and notice shall be given to the Secretariat of the respective low in the terms that you set.
ARTICLE 136.- The acts of final disposition in respect of the movable property to its service, carry out in its representations abroad the dependencies and the Office of the Attorney General of the Republic shall be governed by this Chapter, without prejudice to the provisions of the law of the place where they are carried out.
ARTICLE 137.- The offices, the Attorney General's Office and the administrative units of the Presidency of the Republic, may grant furniture in the form of data to entities, to the governments of the Federal District, to the states and municipalities, as well as to higher education institutions and associations that do not pursue profit, provided that this contributes to the implementation of the Federal Government's programmes, which must be the subject of accreditation and monitoring by the institution concerned.
ARTICLE 138.- The Secretariat will carry out and keep permanently updated a catalogue or qualifying record of the furniture of the dependencies, the Office of the Attorney General of the Republic and the administrative units of the Presidency of the Republic, which shall transmit to you the information necessary for such purposes, as well as the information requested by them.
ARTICLE 139.- With the exception of the transfer and the notice of absence referred to in Articles 134 and 135 of this Law, respectively, the provisions on movable property covered by this Title shall apply to the acts of final and low disposal of movable property held by institutions, provided that such goods are at their service or are part of their fixed assets.
The governing bodies of the institutions, in accordance with the applicable law, shall provide the general basis for compliance with the provisions of this Regulation. by this article.
The basis of the governing bodies shall be consistent with the rules referred to in Article 129 of this Law.
The powers referred to in Articles 130 and 131 of this Law shall, as applicable, correspond to the governing body of the institution, which may delegate them to the holder of the entity itself.
ARTICLE 140.- The owners of the offices, the Attorney General's Office and the administrative units of the Presidency of the Republic, as well as the governing bodies of the institutions, they shall establish movable property committees for the authorisation, control and monitoring of the respective operations, as appropriate.
The integration and functioning of these committees will be subject to the rules issued by the Secretariat and to the general bases that these bodies dictate in the terms of Articles 129 and 139 of this Law, respectively.
ARTICLE 141.- The functions of the furniture committees shall be as follows:
I.- Develop and authorize the respective integration and operation manual;
II.- Approve the calendar of ordinary meetings;
III.- Carry out the monitoring of the annual program of final disposal of movable property;
IV.- Analyze the cases of exception to the public tender procedure provided for in the third paragraph of Article 132 of this Law and propose them for their authorisation to the Secretariat;
V.- Authorize the constitution of subcommittees in deconcentrated organs, delegations or representations, determining their integration and specific functions, as well as the form and terms in which they shall inform the committee of the office, the Office of the Attorney General of the Republic or the administrative units of the Presidency of the Republic, as appropriate, on their action;
VI.- Authorize acts for the disposal of waste assets, with effect greater than one year;
VII.- Authorize the donation of goods whose value does not exceed the equivalent of five hundred days of general minimum wage in force in the Federal District;
VIII.- When requested by the Chief Officer or equivalent, analyze the desirability of holding donation, permuse, payment operations, transfer or comodato of movable property;
IX.- Name the public servants responsible for presiding over the bid and failure opening acts;
X.- Analyse the quarterly reports of completion or processing of the cases submitted to the committee, as well as all the proceedings carried out in the period by the Office of the Attorney General of the Republic and the administrative units of the Presidency of the Republic, in order, where appropriate, to provide the necessary improvement or corrective measures, and
XI.- Approve the annual report on the results obtained from its performance, in the first session of the subsequent immediate fiscal year, as well as subject to the consideration of the holder of the office, the Attorney General's Office and the administrative units of the Presidency of the Republic of the Republic.
In no case may the committees issue the authorizations or approvals referred to in this article, when there is a lack of compliance with any requirement or not with the essential documents required by the applicable provisions. As a result, the agreements made in any sense will not have any effect.
The rules referred to in Article 129 of this Law will require the essential documents referred to.
TITLE SIXTH
OF NATIONAL GOODS
ONLY CHAPTER
ARTICLE 142.- The Secretariat shall issue the rules, procedures, criteria and methodologies of a technical nature, in accordance with which the (a) the value of the income and the value of the income s) to in Articles 143 and 144 of this Law.
ARTICLE 143.- Prior to the conclusion of the legal acts referred to in this article in which the agencies are involved, the Attorney General's Office General of the Republic, the administrative units of the Presidency of the Republic and, where appropriate, the entities, the Secretariat shall be responsible for ruling:
I.- The value of the buildings in respect of which the Federation intends to acquire property rights, possession or any other real right, by means of contracts for sale, swap, leasing or any other common law where the provision is required;
II.- The value of the buildings in respect of which the Federation intends to transmit property rights, possession or any other real right, by means of contracts for sale, permuse, contribution, affectation or any other authorized by this Law, except cases of donations for free of charge of real estate in favor of the governments of the states, the Federal District and the municipalities, as well as their respective parastatal entities;
III.- The value of the patrimony of the agricultural, industrial, commercial or service economic units that by any concept acquires, or enajene the Federation;
IV.- The value of land gained from the sea, the vessels of lakes, lagoons, staves and dams and the channels of national property flows, as well as of their deleted federal zones, when they are first to be used;
V.- The commercial value of the national land with tourist, urban, industrial or other non-agricultural potential for disposal;
VI.- The value of the buildings donated by the Federation to the governments of the states, the Federal District and the municipalities, or their respective entities parastatals, where those are to be sold for consideration, except where the disposal is intended to regulate the holding of land in favour of their holders;
VII.- The amount of the compensation for the expropriation, temporary occupation or limitation of rights of dominion over real estate, furniture, shares, parts social or rights decreed by the Federal Executive, dealing with both private and immovable properties subject to the ejido or communal regime;
VIII.- The amount of compensation or compensation that, for the constitution of easements, voluntary or legal, will be paid to the owners of the land adjacent to federal buildings, if these are the dominant ones;
IX.- The amount of compensation in cases in which the Federation rescues concessions on goods subject to the public domain regime of the Federation;
X.- The value of the federal buildings subject to grant for the purpose of determining the amount of the rights to be paid by the concessionaire, compliance with the requirements of the Federal Law of Rights;
XI.- The amount of income that the Federation and the entities must charge when they have the character of the lessor;
XII.- The amount of income that the agencies, the Attorney General's Office, the administrative units of the Presidency of the Republic and the institutions must pay when they have the character of a tenant, except in the cases referred to in the last paragraph of Article 50 of this Law;
XIII.- The value of the properties affected for the purposes of the concessions, permits, or authorizations referred to in Article 58 of this Law, in the cases in which their partial disposal is authorized, as well as when the nullity, modification, revocation or revocation of such acts is resolved, for the purposes of the same precept;
XIV.- The value of the assets that are part of the public beneficence's patrimony, when they are intended to be sold;
XV.- The amount of compensation for damages caused to the federal treasury by the real estate manager who does not deliver to the Secretariat within the period indicated by this Law, the buildings or areas intended to be disposed of;
XVI.- The value of the goods or the amount of the consideration for their use, exploitation or exploitation, when the Secretariat is designated as expert in the legal proceedings concerning national assets;
XVII.- The value of the real estate or the amount of the rent when they are intended to acquire or take into lease the governments of the states, of the Federal District and from municipalities with federal resources, with the exception of federal tax units, and
XVIII.- The other securities that the laws, regulations and other applicable provisions indicate are to be determined by the Secretariat.
The Secretariat will also be able to practice all kinds of work at the consulting level, when requested by public institutions.
ARTICLE 144.- Prior to the conclusion of the legal acts referred to in this article in which the agencies are involved, the Attorney General's Office General of the Republic, the administrative units of the Presidency of the Republic and the entities, they may ask the Secretariat, the credit institutions or the specialists in matters of valuation with professional cedula by competent authority, to determine:
I.- The value of the buildings in respect of which the entities intend to acquire property rights, possession or any other real right, by means of contracts for sale, swap, leasing or any other common law where the provision is required;
II.- The value of the buildings in respect of which the entities intend to transmit property rights, possession or any other real right, by means of contracts for sale, swap, contribution, affectation or any other authorised by this Act;
III.- The value of the patrimony of the agricultural, industrial, commercial or service economic units that by any concept acquire or enajenen entities;
IV.- The value of the goods subject to payment of tax credits, of worker-employer shares and of commercial or civil debits, as well as of the property that the agencies, the Attorney General of the Republic, the administrative units of the Presidency of the Republic and the entities intend to dispose to collect these credits;
V.- The value of the properties that are the subject of damages by the agencies, the Attorney General's Office, the units Administrative authorities of the Presidency of the Republic and entities;
VI.- The value of the real estate and other assets of the entities, when they request it for the purposes of updating their inventory values with accounting purposes or for the re-expression of their financial statements;
VII.- The value of the goods that are the subject of insurance or confiscation for having been an instrument, means, object or product of a crime, when they are Alienate;
VIII.- The value of the movable property used which the offices, the Attorney General of the Republic, the administrative units of the Presidency of the Republic and the entities intend to acquire by means of the procedure of invitation to less three suppliers or direct award;
IX.- The value of the movable property of federal property at the service of the offices, the Attorney General's Office and the administrative units of the Presidency of the Republic, as well as the furniture that is part of the assets or they are at the service of the entities, when they are intended to be used, without prejudice to the fifth paragraph of Article 132 of this Law;
X.- The value of the missing movable property in the inventory, in order to be taken as a basis for the quantification of the preventive pliegos of responsibilities as defined by the competent authority;
XI.- The amount of compensation for compensation for damage where the liability of a public servant has been determined in a disciplinary administrative procedure and its administrative misconduct has caused damage to particular;
XII.- The amount of the compensation to be covered in damages to the persons affected in their property, property, possessions and rights by acts of authority, when mediation resolution ordering the restitution in their favor and this is physically or legally impossible, and
XIII.- Other securities whose determination is not exclusively entrusted to the Secretariat by this Law or other legal systems.
ARTICLE 145.- When, on the occasion of the conclusion of the legal acts referred to in Articles 143 and 144, the agencies, the Attorney General's Office the Republic, the administrative units of the Presidency of the Republic or the institutions are required to cover a pecuniary benefit, the latter may not be higher than the value established. If it is for the counterparty to pay the pecuniary benefit, it shall not be less than the value of the judgment, except for the exceptions provided for in this Law.
ARTICLE 146.- In the event that the offices, the Attorney General's Office, the administrative units of the Presidency of the Republic or the institutions, intend to continue the occupation of a leased property, the Secretariat may fix the maximum percentage of increase to the amount of the income agreed in the corresponding tenancies, without it being necessary to justify the rents.
The institutions mentioned above will not require obtaining any income tax, when the amount of the income does not exceed the maximum amount of income to be fixed annually the Secretariat.
ARTICLE 147.- The Secretariat will have the power to define the criteria to be met in determining the percentages and amounts of increase or reduction of commercial values, in order to support the regularization of land tenure, urban development, popular housing and social interest, the rearrangement of people affected by the realization of public works or by disasters natural, the constitution of territorial and district reserves of irrigation, tourism development and activities of self-evident general interest and collective benefit. For these purposes, the Secretariat may request opinion from the agencies and entities involved.
ARTICLE 148.- The validity of the valuations and valuation opinions shall not exceed one year from the date of their issuance, except what other legal systems have in specific matters.
TITLE SEVENTH
OF THE SANTIONS
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ARTICLE 149.- It will be punishable by imprisonment of two to twelve years and a fine of three hundred to a thousand times the daily minimum daily wage in force for the Federal District who, after the term indicated in the concession, permit or authorization granted for the exploitation, use or use of a good subject to the regime of public domain of the Federation, does not return it to the corresponding authority within 30 calendar days after the date of notification of the administrative requirement that is formulated to you.
ARTICLE 150.- The penalty mentioned in the previous article will be imposed on the person who uses, exploits or explodes a good that belongs to the Nation, without having obtained previously granted, permit or authorisation, or concluded contract with the competent authority.
ARTICLE 151.- The works and facilities that are not granted, permit, authorized or contract are made in federal buildings, will be lost for the benefit of the Federation. Where appropriate, the Secretariat shall order the works or installations to be demolished on behalf of the infringer, without any compensation or compensation.
ARTICLE 152.- To the public notaries and the Notaries of the Federal Property Heritage, who authorize legal acts in violation of the provisions of this Law or its regulations, or do not comply with them, regardless of the civil or criminal liability in which they incur, the Secretariat may sanction them with a fine of twenty to five thousand times the daily minimum wage in force for the Federal District.
With regard to the Notaries of the Federal Property, the Secretariat may also revoke the appointment it has given them to act with such character.
ARTICLE 153.- Those who make the use or use of the federal land sea area and the land gained from the sea, without granting permission or the authorisation of the competent authority, directly or indirectly causing damage to the ecosystems or its components, shall be required to repair damage to the environment or to the environmental compensation which is appropriate in accordance with the provisions of the provided in the Federal Law on Environmental Responsibility.
TRANSIENT
FIRST.- This Law shall enter into force on the day following its publication in the Official Journal of the Federation.
SECOND.- The General Law on National Goods is repealed, published in the Official Journal of the Federation on January 8, 1982.
THIRD.- All provisions that are contrary to the provisions of this Law shall be repealed.
FOURTH.- The buildings referred to in Article 6 (V) of this Law are the nationalized ones referred to in Article Seventeenth Transitory of the Political Constitution of the United Mexican States, which the churches and groups have been administered or used before 29 January 1992, including those in respect of which, at the date of entry into force of this order, the judgment or declaration has not yet been issued. corresponding administrative.
QUINTO.- The entities and governments of the Federal District, state and municipal authorities which, before the entry into force of this Law, have acquired from the Federation, by means of disposal for free title, buildings considered historical monuments or artistic according to the law of the subject or the corresponding declaratory, they are obliged to absorb the costs of repair, conservation and maintenance and to give to the buildings a use compatible with their nature.
SIXTH.- In the case of the goods which, at the date of entry into force of this Law, have been removed from the regime of public domain of the Federation or authorized their disposal through the respective Decree, without having been alienated, it will be understood that Such disincorporation has the effect referred to in Article 95 of this Law.
SEVENTH.- The matters that are in the process of the date of entry into force of this Law, will be resolved in accordance with the provisions of the General Law of National Goods.
The pending proceedings on the disincorporation of the public domain regime of the Federation and the authorization for the disposal of federal buildings or ownership of decentralised bodies, shall be resolved in accordance with the provisions of this Law.
EIGHTH.- The Federal Executive shall issue, within a period not greater than ninety natural days, fatal, counted from the entry into force of this Law, the regulation determining the integration and functioning of the new administrative body The Secretariat will, in replacement of the Commission of National Assets Avaluos, take charge of the privileges that this Law confers on that dependency in the field of administration of federal real estate and valuation of assets national.
The creation of the new deconcentrated organ referred to in the preceding paragraph shall be subject to the human, financial and material resources to which it counts currently the Commission of Avaluos of National Goods. In the event that greater resources are required for this purpose, they will have to come from the Secretariat's budget.
As long as the new unconcentrated organ referred to in this transition is constituted, the Commission of Avaluos of National Goods will exercise the powers that it is Law confers on the Secretariat on the administration of federal buildings and the valuation of national assets.
NINTH.- The Secretariat of Public Education must prepare, through the National Institute of Anthropology and History, and propose to the Federal Executive the regulations for the granting of permits and authorizations for the realization of civic activities and cultural in the areas of archaeological monuments, as referred to in Article 30 of this Law, within the following six months from the entry into force of this Law.
DECIMAL.- The administrative units of buildings for the exercise of the powers conferred on them by this Law, will promote the necessary measures before the corresponding instances, subject to the human, financial and material resources currently available to them.
TENTH FIRST.- The Secretariat, within sixty calendar days following the entry into force of this Law, shall formulate a program for the purposes of that the agencies, the Attorney General's Office, the administrative units of the Presidency of the Republic and entities carry out the necessary formalities to formally assign to their service the federal buildings that come using the relevant secretarial agreement or, where appropriate, the relevant secretarial agreement; presidential decree of destination.
TENTH SECOND.- The dependencies, the Attorney General's Office, the administrative units of the Presidency of the Republic and entities that do not have a real estate responsible, communicate to the Secretariat, within a period not longer than thirty calendar days from the entry into force of this order, the data of the public servant that will serve as such.
TENTH THIRD.- The Legislative and Judicial Powers of the Federation, the entities and institutions of federal character with legal personality and patrimony They will have a period of one hundred and twenty calendar days counted from the date of publication of this Law, to promote the registration of the Mexican Government. Public Registry of the Federal Property of the Titles that accredit the property of the properties that they have acquired and are not registered.
In the case of those Presidential Decrees that assigned real estate to the Legislative Powers and their two Chambers, and Judicial of the Federation, it is determined that These Decrees constitute, in each case, the titles that accredit the property of the real estate in favor of said Powers, which will have a period of one hundred and twenty calendar days, counted from the date of the publication of the present Decree, to promote its registration in the Public Registry of the Federal Property and its incorporation into the Federal and Parastate Real Estate Information System.
TENTH QUARTER.- As long as the regulations, rules, bases, guidelines and other provisions arising from this Law are issued, the regulations will continue to apply. regulatory and administrative provisions in force in so far as they do not object to this order, irrespective of whether the buildings subject to the public domain regime of the Federation which are part of the assets of the decentralised bodies, their respective governing bodies may approve in each specific case the performance of the legal acts referred to in Articles 65 and 84 of this Law.
TENTH FIFTH.- Real estate management dependencies must establish a program to integrate into the government accounting record. value of the properties of your competition.
TENTH SIXTH.- To comply with the provisions of section IV, of Article 2 of the Decree that extinguishes the decentralized public body, National Railways of Mexico and open its Organic Law, the Secretariat of Communications and Transports as responsible for the process of liquidation of said organism, will proceed to regularise the ownership of the houses and land in possession (a) the right of pensioners and pensioners or, where appropriate, their successors, through corresponding donations.
Mexico, D.F., as of March 23, 2004.-Sen. Enrique Jackson Ramirez, President.-Dip. Juan de Dios Castro Lozano, President.-Sen. Rafael Melgoza Radillo, Secretary.-Dip. Marcos Morales Torres, Secretary.-Rubicas."
In compliance with the provisions of Article 89 of the Political Constitution of the United Mexican States, and for its proper publication and I hereby express my request to the Federal Executive Branch, in Mexico City, Federal District, to the eighteen days of May of two thousand four.- Vicente Fox Quesada.-Heading.-The Secretary of the Interior, Santiago Creel Miranda.-Heading.
TRANSIENT ITEMS OF REFORM DECREES
DECREE adding to the General Law of National Goods.
Published in the Official Journal of the Federation on 31 August 2007
Single Article.- A second paragraph is added to the Third Transitional Article of the General Law of National Goods, to remain as follows:
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TRANSIENT
Unique.- This Decree shall enter into force on the day following its publication in the Official Journal of the Federation.
Mexico, D.F., on April 26, 2007.-Sen. Manlio Fabio Beltrones Rivera, President.-Dip. Jorge Zermeno Infante, President.-Sen. Renan Cleominio Zoreda Novelo, Secretary.-Dip. Maria Eugenia Jiménez Valenzuela, Secretariat.-Rubicas."
In compliance with the provisions of Article 89 of the Political Constitution of the United Mexican States, and for their due publication and observance, I request this Decree in the Federal Executive Branch, in Mexico City, Federal District, at thirty August two thousand seven.- Felipe de Jesús Calderón Hinojosa.-Rubrias.-The Secretary of the Interior, Francisco Javier Ramirez Acuna.-Heading.
DECREE reforming various provisions of the General Law of National Goods.
Published in the Official Journal of the Federation on January 10, 2012
Single Article.- The fourth paragraph of Article 81, the second paragraph of Article 83, and Article 105 of the General Goods Law are reformed. Nationals, to remain as follows:
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TRANSIENT
Unique.- This Decree shall enter into force on the day following that of its publication in the Official Journal of the Federation.
Mexico, D.F., on November 24, 2011.-Dip. Emilio Chuayffet Chemor, President.-Sen. José González Morfin, President.-Dip. Balfre Vargas Cortez, Secretary.-Sen. Ludivina Menchaca Castellanos, Secretary.-Rubicas."
In compliance with the provisions of Article 89 of the Political Constitution of the United Mexican States, and for their due publication and observance, I request this Decree in the Federal Executive Branch, in Mexico City, Federal District, to six January of two thousand twelve.- Felipe de Jesús Calderón Hinojosa.-Rubrias.-The Secretary of the Interior, Alejandro Alfonso Poire Romero.-Heading.
DECREE that the Law of Private Public Associations is issued, and various provisions of the Law of Works are amended, added and repealed. Public and Services Related to the Mismas; the Procurement, Leases and Services Act of the Public Sector; the Expropriation Act; the General Law of National Goods and the Federal Code of Civil Procedures.
Published in the Official Journal of the Federation on January 16, 2012
Article Fifth. Articles 51; 52; 54; 84, fraction VIII, and the first paragraph of Article 98; and a second paragraph is added to Article 50 As the present second, third, fourth and fifth paragraphs are third, fourth, fifth and sixth, respectively, Articles 54 Bis, 54 Ter, 54 Quater and 54 Quintus, and Article 90 of the General Law of National Goods is repealed, for remain as follows:
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TRANSIENT
FIRST. This decree shall enter into force on the day following that of its publication in the Official Journal of the Federation, except as provided for in the transitional NEXT QUINTO.
SECOND. Projects that are comparable to public-private partnership projects, which have been previously initiated and are in the process of being hired, implementation or development at the entry into force of this decree, shall continue to be governed in accordance with the provisions in force prior to the entry into force of this decree.
In case of public-private partnership projects that are in the stage of preparation for the entry into force of this decree, the agencies and agencies will be subject to the provisions of the Law on Private Public Associations, with absolute respect for the rights acquired by third parties interested in hiring.
THIRD. The Federal Executive, for the issue of the corresponding regulation, will have a period of twelve months from the entry into force of the present Decree. The preparation and commencement of the projects referred to in this law shall be subject to the issuance of the corresponding guidelines by the Secretariat of Finance and Public Credit.
FOURTH. The Secretaries of State may apply the measures referred to in this decree within the procedures of expropriation in progress at the entry into force. of this decree.
QUINTO. The reform of Article 50 of the General Law of National Goods will take effect when the electronic consultation mechanism of the Heritage Inventory Real estate Federal and Parastate is in operation, which will have verification within a period not greater than 180 days from the day following the publication of the Decree in the Official Journal of the Federation. To this end, the Secretariat of the Civil Service shall publish in the Official Journal of the Federation the respective notice.
SIXTH. Chapter IV of Title First of the Third Federal Code of Civil Procedures is repealed, including Articles 521 to 529 of the ordering.
Mexico, D.F., at December 14, 2011.-Dip. Emilio Chuayffet Chemor, President.-Sen. José González Morfin, President.-Dip. Guadalupe Perez Dominguez, Secretary.-Sen. Adrian Rivera Perez, Secretary.-Rubicas."
In compliance with the provisions of Article 89 of the Political Constitution of the United Mexican States, and for their due publication and observance, I ask for this Decree in the Federal Executive Branch, in Mexico City, Federal District, on 15 January of two thousand twelve.- Felipe de Jesús Calderón Hinojosa.-Rubrias.-The Secretary of the Interior, Alejandro Alfonso Poire Romero.-Heading.
DECREE that the Federal Law on Environmental Responsibility is issued and reformed, adding and repealing various provisions of the General Law Ecological Balance and Protection of the Environment, the General Law of Wildlife, the General Law for the Prevention and Integral Management of Waste, the General Law on Sustainable Forest Development, the Law of National Water, Federal Criminal Code, the Maritime and Maritime Navigation and Trade Law General Law of National Goods.
Published in the Official Journal of the Federation on June 7, 2013
ARTICLE NINTH.- An article 153 is added to the General Law of National Goods, to be as follows:
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TRANSIENT
FIRST.- This Decree shall enter into force within thirty days of its publication in the Official Journal of the Federation.
SECOND.- The Environmental Responsibility Fund should be constituted and its bases and rules of operation, elaborated and approved within one hundred and eighty days following the entry into force of this Decree.
THIRD.- The District Courts specialized in environmental matters shall be established within a maximum of two years from the entry into force of this Decree. The Jurisdiction specialized in environmental matters may be awarded to the District Courts in functions in each judicial circuit or according to what the Council of the Federal Judicature has, without this implying the creation of new The staff of each of these District Courts will receive specialized training in the field of environmental regulations.
Mexico, D.F., at April 25, 2013.-Sen. Ernesto Cordero Arroyo, President.-Dip. Francisco Arroyo Vieyra, President.-Sen. Rosa Adriana Díaz Lizama, Secretary.-Dip. Javier Orozco Gomez, Secretary.-rubrics."
In compliance with the provisions of Article 89 of the Political Constitution of the United Mexican States, and for their due publication and observance, I request this Decree in the Federal Executive Branch, in Mexico City, Federal District, to five June of two thousand thirteen.- Enrique Peña Nieto.-Heading.-The Secretary of the Interior, Miguel Angel Osorio Chong.- Heading.