Palmarito

THE WARNING ON HIGHWAY 200 IN CHILA AT THE TURN off for Palmarito is quite clear. Unfortunately, it’s in Spanish. “Don’t let yourself be surprised,” the sign says in big letters. The message is that the communal land of San Pedro Mixtepec cannot be privatized or have clear titles (escrituras) and is subject to the Agrarian Law.

Yes, part of the communal land of San Pedro was expropriated and privatized by the Mexican Presidential decree of 1970. That is why you can get clear titles on land in Bacocho and other communities. But the northwestern border of the expropriation is Cerro de la Vieja and R o Chiquito on the coast, so the land in Delfines is private, but not land on the other side of the stream. Nor is any land in Chila, which includes Palmarito. Simply stated, all the land in San Pedro that was not privatized in 1970 is communal and requires a constancia (acta) de posesión. By law, these actas cannot be issued to foreigners.

So why the warning? Beachside properties in Palmarito, the community next to the Manialtepec Lagoon, are being sold with escrituras from Juquila which are legally not binding. Even worse, luxury houses costing up to one million dollars U.S. have been built on beach front property that has been set aside by the Bienes Comunales for a 7.5 km boardwalk (malecón) to guarantee beach access to the public. The land in question borders the Federal Zone and extends 20 meters inland.

There are many new developments (lotificaciones) in Palmarito that are perfectly legal, having been rezoned for urban development (cambio de uso de suelo) by the Bienes Comunales and having received lotification licenses from the Public Works office (Obras Públicas) of San Pedro Mixtepec. But others, like Origen, are selling lots with escrituras to foreigners on what it claims is private land.

Convenio de concesión – legal loop hole for foreigners

Where there’s a will, there’s a way. And the Bienes Comunales and the municipio of San Pedro Mixtepec definitely want to make it easier for foreigners to build their houses in Palmarito. The solution, details of which were not available at press time, pending approval by the Assembly of Comuneros, is to offer 30-year concessions on the land similar to the kind of concessions that exist in the Federal Zone. The “buyer” then is legally a renter with a 30-year lease. Which means no need for a bank trust. (Remember, foreigners cannot own land within 50 km of the coast.) Presumably, as with federal concessions, there will be a yearly fee.

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