Translated by Fulano from an article in Zeta Tijuana .
It is one of the most peaceful areas in the state, with pristine beaches of great richness. A murder, conspiracies and irregularities under litigation for 365 acres. “My father fought for this land,” said one of those affected.
December 6, 2015, Puertecitos, Baja California – One morning in March, Maribel and her two sisters received a visit in Campo Serena, located some 47 miles from San Felipe: “We are the owners here.” they heard from someone they did not know.
The unexpected visit continued. “We have a demand for eviction, and and so you have to leave,” said Moisés Torres Flores, a member of ejido Plan Nacional Agrario, which is located north of San Felipe. He had arrived accompanied by a group of lawyers, as recalled by the young woman.
Maribel said that starting five years ago, she started to hear rumors related to people who wanted to steal these lands, inherited from her father, who received 120 acres donated by the government, an endowment of land by a public declaration published in the Official Gazette of Mexico, in September, 1970.
“My father died fighting for these lands,” said Maribel.
The woman recalled that before the highways were built, it took five or six hours to go the San Felipe. There was no electricity, drinking water, much less telephones. “They started to insist that they were the owners, and we had to leave.”
Maribel, 32 years old, recalls they even offered money, but her response, she says, was firm, “I am not selling. With all that has happened to us here, I don’t believe you can pay for it.”
The response from the visitors was that they will return to fence off her property, and since then they have lived in the uncertainty of being evicted.
The property is a polygon of 365 acres, divided into three parcels. One of them is Campo Serena, with more than 1,000 yards of beach on the warm and calm waters of the Sea of Cortés.
Maribel and her family administer there a half-dozen vacation homes to rent them to tourists and they are a little more than a mile from the Puertecitos district offices.
Five years ago, the Secretary of Communications and Transport finished the 47 miles of highway which joins Puertecitos with San Felipe and further south the road stretches 10 miles past Alfonsinas. There are only 20 more miles to build to connect Laguna Chapala, the junction with the Transpenisular Highway and the lush Valley of the Cirios, a protected natural area.
Guillermo Amador Molina lived in this location all his life, said Maribel, his daughter. The man died in September, 2003. About 10 years later the demands started, according to the information provided by two lawyers, Santiago Astengo and Homero de la Peña.
According to these lawyers, on September 28, 2006, José Luis Garibay Ugarte, in complicity with Efrén Enrique Castelo Palafox, managed to register with a Notary, a general power of attorney, which presumably was granted by José Garibay Ugarte — supposedly dead — authorizing them to sell the land.
And it is in this intricate process that a series of irregularities have been configured that involves not only the person deemed to be the legal owner of the property, Moisés Torres Flores, but also notary Arturo Blas Elizondo, who illegally managed to record the property map in the Ensenada Municipal Property Registrar.
The attorneys say that Moisés Torres Flores, a member of ejido Plan Nacional Agrario, is also linked to the sale of ejido properties to the Carso Group, owned by Carlos Slim, where there is now located a gold mine.
“And this is how on September 28, 2011, the supposed buyer, Moisés Torres Flores and the supposed holder of the power of attorney of José Garibay Ugarte, signed a purchase contract,” said the lawyers.
This contract was documented by Notary Norma Alicia Romero Miranda, Notary Public No. 4 based in Mexicali, and supposedly is for the 365 acres and for which was paid US$600,000. In addition to Campo Serena, this property includes two other parcels, one owned by Octavio Dagnino and the other the heirs of Florencia Castro Salomón, who was murdered in her home, there on that property, August 8, 2014.
According to the lawyers, when the purchase contract was prepared by the notary, it was accompanied by documents in the name of José Luis Garibay Ugarte, and the purchase contract was in the name of José Garibay Ugarte.
When they tried to record the purchase contract at the Public Registrar of Property in Mexicali, it was rejected with a Report of Not Permissible, as there already exists in the Public Registry a title to the property in the name of Octavio Dagnino Angulo, so there is an overexposure on both properties.
You can do it in Ensenada
Faced with this situation, the “buyers” went to the Public Registry of Property in Ensenada, at the same state agency but the Ensenada offices, where they were permitted to record the document in the name of Moisés Torres Flores.