On March 9, when the visit of the President of the Republic, Andrés Manuel López Obrador, is scheduled, those affected called a demonstration to inform the president of the alleged anomalies of the process.
Neighbors and members of the neighborhood council of Tenacatita, the ejido of El Rebalsito and the Cooperativa Pesquera will come.
"We have been fighting for more than eight years for free access and use of all parts of Tenacatita beach, where Inmobiliaria Rodenas improperly got in with the help of former governor Emilio González. Rodenas continues to occupy parts of the federal zone without legal rights. Those of your security company, Sepromex, do not allow people to pass through the roads that belong to the municipality of La Huerta; they use tactics of lies and intimidation ", highlight the protest organizers.
"Due to much corruption at high levels, we see that the only one who can solve the problem of the beach of Tenacatita is the president of the Republic. The beaches are the nation's heritage, for everyone, not just the rich. They have privatized almost all the beaches of the Jalisco coast. They do not allow us to privatize Tenacatita. "
Among those harmed by the judicial action, on August 4, 2010, there are "good faith" buyers, both Mexican and foreign. The eviction was for a court order in favor of the real estate company Rodenas, the result of an old lawsuit that dates back to 1991, when it acquired the property to Paz Gortázar, widow of González Gallo. Two days later, there were clashes between the evicted and more than 200 policemen; There were 27 detainees. The judicial order was issued by the Supreme Court of Justice, as a resolution of a trial under file 1569/72, which exhorted the district judge to order the execution of the eviction, and he asked the judge of Cihuatlan. Since then, access to the beach is controlled by police and the road was closed.
The versions of the legal conflict over ownership of the Destiladero de Tenacatita or Punta Hermanos property highlight two rights in collision. On the one hand, real estate company Rodenas SA claimed its right based on an amparo proceeding won in the Supreme Court of Justice of the Nation since 1977 (revision number 756/77), in which the quality of small ownership of that surface was ratified of 42 hectares, and that was not part of the endowment of the Ejido El Rebalse de Apazulco; Rodenas assures that the sales made by ejidatarios to individuals, of fractions of that land, were fraudulent.
For their part, the agrarian authorities confirmed that the same land is within the certified space and titled in 2006 to the ejido El Rebalse de Apazulco within the framework of the Program of Certification of Ejidal Rights and Titration of Urban Lots (Procede), of which It led to a process of deeds for owners of land, titles signed by presidents Vicente Fox and Felipe Calderón.
Having two opposing titles, the presumption is that during the investigation for the Proceedings the court ruling alluded to by Inmobiliaria Rodenas was never known. Nor was it documented that in the past it had occurred.
"The work is done through all the documentary background that you have; that is, there was an endowment resolution; subsequently, there was an expansion of the ejido, and based on these precedents the certification is generated; those places where there is conflict are being put aside. In accordance with the information that was obtained from several participating institutions, a parcel area of two thousand 841 hectares was defined, adding staff and expansion; 75 ha of human settlements and 12 of common use, to total two thousand 900 ha. Several locations were working, El Rebalsito, Tenacatita, and the division was generated in lots; 165 property titles derived from Procede have been issued, "said the then state delegate of the RAN, Apolinar Alatorre Rodríguez, in 2010.
The National Agrarian Registry has in its files the documents of the Procede that certified the lands of El Rebalse de Apazulco. There are the assemblies of the ejido that led to the titling of 220 plots of land buyers to ejidatarios, converted to private property as a result of that conversion.
The owners of these lots are, among others, 38 restaurants, ten hotels and a fishermen's cooperative; there was a small development with 300 restaurateurs, 50 hotel employees, 160 fishermen, 30 employees of water sports companies, 150 sold