A blow to private property rights in Mexico


This time it is the project of the Domain Extinction Law, presented by the mayors Layda Sansores and Víctor Hugo Romo, which establishes the expropriation of the properties where closing seals are violated in a work, as well as a jail for the owner.

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On the 2nd of this month, the mayors of Álvaro Obregón and Miguel Hidalgo presented to the Congress of the City of Mexico the draft Law of Extinction of Dominion, which in its article 4 bis says verbatim:

“The extinction of ownership will proceed over immovable property in which the crime of breaking of seals is committed, notwithstanding that only part of the immovable property has been subject to expansion, modification, construction, demolition, exploitation or use. In the case of broken ad stamps, the domain extinction will proceed on the property where the ad is installed or supported ”.

The bill states that the breaking of the closing seals, in addition to the expropriation of the property, will be treated as an act of organized crime and the penalty will be between six and ten years in jail (El Financiero, July 2).

If this initiative of the mayors from the Morena party is approved, any breakage of the seal of closure to a work will allow the government to keep the property.

In the end, as the ordinance in process in the capital’s Congress says, what it is about is expropriating real estate under the pretext of breaking a seal.

Examples are: if you own a bakery and are making an improvement or expansion, but it is closed due to lack of paper, if the rain or a bad neighbor gives you the seal, you lose the bakery.

That good, by virtue of the Domain Extinction Law presented by Mayors Sansores and Romo, will become the property of the Government of Mexico City.

Or if he is a house builder, his competitor in that branch can tear off the seals and thus take him out of the competition: they take away the houses and put him in jail.

That outstanding Attorney General of the Republic, who was Ignacio Morales Lechuga, has once again voiced the alert on this case as a violation of the right to private property.

More than that, as he stated yesterday in his article “CDMX: another attempt at confiscation” ( El Universal ), the former attorney explains that the Constitution is violated in articles 1, 14, 16, 22, 73, among others.

If this law is approved – something very possible, since the Morena party has a majority in the capital’s Congress – inspectors will become commissioners authorized to confiscate private property: their job title will be sufficient for a citizen to be stripped of his house, his business or apartment.

An error of the authority, a downpour or a bad action of a third party, will cause the act of confiscation to be executed.

Even worse now that the construction in the CDMX is completely stopped: how much will the bribe increase so that the inspector does not point to a house or building as a place where the seals were violated?

Most inspectors are honest, we know that, but what about the others?

This maneuver of statist and confiscatory court promoted by the mayors of the Morena party is consistent with other legal systems that that party has issued against private property.

The previous onslaught was on the occasion of the Human Rights Law in the CDMX, which prohibited the launches in the capital of the country, even when it was proven that the tenant repeatedly refused to pay the rent.

They had to break down that Law, given the public pressure that caused such an attack on private property.

It was also an incentive for invasions since it established that in the extreme case that a tenant had to vacate a home (after long years of trial), the government was obliged to provide another, comfortable and close to the place where it was perpetrated the abuse.

As you can see, the statist and confiscatory breath of Morena party is very present in the capital of the country.

The reality is that today a Law is processed in the local Congress that would deprive a citizen or a company of its real estate, by the will of an inspector, an accident, an error of authority or the simple act (rupture of a seal ) of a bad or interest group.

Apparently, in Mexico City, you cannot lower your guard before the confiscatory inertia of the Morena party.

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There are 12 states that have approved a Domain Extinction Law

The goal is to allow the State to recover assets resulting from corruption to return them to public coffers

Morena has been applying her “steamroller” in the local congresses to approve the constitutional reforms that have turned them, at the moment, of the 12 legislatures that endorse the Law of Extinction of Dominion, nine are of Morena majority, one of the PRI and another of the PAN, only in San Luis Potosí no party has a majority, nor with its allies.

For a constitutional reform to be approved definitively, it must receive the support of at least 17 of the 32 local legislatures.

For the moment, there have been no votes against constitutional reform article 22 and section XXX of article 73 of the Constitution, which was sent to the 32 state congresses on December 18.

The goal of the Extinction of Dominance is to allow the State to recover goods resulting from corruption , and people who incur the illicit will not be able to withdraw from criminal action and derived goods, the government may recover them to return them to public coffers.

Meanwhile, the board of directors of the Chamber of Deputies has already sent the minutes with the draft decree that reforms constitutional article 19 in the matter of informal preventive detention.

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Recently approved in the House of Representatives, the number of illicit people who receive this judicial characteristic has increased: organized crime, intentional homicide, rape, kidnapping, trafficking in persons, violent crimes committed with weapons, the use of social programs for electoral purposes, illicit enrichment, abusive exercise of functions, hydrocarbon crime, sexual abuse and violence against minors, femicide, robbery at home, robbery of cargo transportation, forced disappearance, as well as those committed by individuals and crimes against the Law of Firearms. RB

Source: el financiero, el universal, laotraopinion, ejecentral

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