Good questions! I rather suspect that the boundary between the state
jurisdictions and the federal sea is as vague as are many of the boundaries
between states. Since the Mexicans don't get too terribly concerned about it, I
don't think I will either.
Lowell G. McManus
Leesville, Louisiana, USA
----- Original Message -----
From: "aletheia kallos" <aletheiak@...>
To: <boundaryPoint@yahoogroups.com>
Sent: Wednesday, August 31, 2005 1:56 PM
Subject: Re: [BoundaryPoint] Questions Re: first known legal entry into usa at a
tripoint ..., etc.
> you may be right lowell
> & the site is down at the moment so i cant check the
> text
> but what i think this law really says or at least
> really means is
> the federal maritime & littoral zone will extend no
> more than 20 meters beyond the high tide line & only
> up beaches with slopes of 30 degrees or less
>
> so the federal zone will terminate & the state
> territories will begin as soon as either 30 degrees of
> slope or 20 meters of surface distance is reached
> regardless of which happens first
>
> also
> if you dont think the beach strip is really federal
> territory
> but only federal public property
> then what would the difference be
> & where do you think the federal maritime territory
> really terminates
>
> somewhere like the high tide line perhaps
> or somewhere like the low tide line
> or maybe somewhere else
> but it becomes necessary to figure out exactly where
> it does end
> if not exactly where this law seems to say it does
> & also to figure out exactly how federal public domain
> differs from statal public domain
>
> --- "Lowell G. McManus" <mcmanus71496@...> wrote:
>
>> I have studied the portions of the Mexican
>> Constitution and the 1991 legislation
>> regarding the Federal Maritime Land Zone. Thanks,
>> Mike, for the specific
>> citations.
>>
>> Article 27 of the Constitution covers in a general
>> way the properties and rights
>> that are reserved in the federal public domain and
>> the conditions under which
>> property in the republic may be privately held,
>> etc., etc.
>>
>> Here are my translations of the 3rd and 4th articles
>> of the 1991 legislation
>> pertaining to the boundaries of beaches and the
>> maritime zones:
>> ______________________________
>>
>> 3rd Article. The federal maritime land zone will be
>> demarcated and delimited
>> considering the level of maximum high tide observed
>> during thirty consecutive
>> days in a time of the year that does not present
>> hurricanes, cyclones, or winds
>> of great intensity and is technically propitious for
>> realizing the works of
>> delimitation.
>>
>> 4th Article. The federal maritime land zone will be
>> determined solely in areas
>> that in a horizontal plain present an angle of
>> inclination of 30 degrees or
>> less. Concerning the coasts that lack beaches and
>> present rocky or steep
>> formation, the Secretariat will determine the
>> federal maritime land zone inside
>> a strip of 20 contiguous meters to the marine shore,
>> solely when the inclination
>> in said strip is of 30 degrees or less in continuous
>> form.
>> ______________________________
>>
>> These are all described as "public properties of the
>> Federation, inalienable and
>> imprescriptible." Much other ink is expended in
>> discussing the management of
>> such zone and its resources, and there are
>> requirements that the Secretariat
>> coordinate with the states and municipios. I have
>> not yet found any specific
>> reservation of exclusive sovereignty to the federal
>> government nor denial of the
>> same to the states. I am not drawing any firm
>> conclusion at this point, but I
>> think that the zone is in the federal public domain,
>> but not necessarily outside
>> state jurisdiction. That issue aside, however, I
>> have some conclusions
>> regarding the boundaries of the zone.
>>
>> As I interpret the zone, it reaches up to the
>> high-tide line on typical
>> wave-washed beaches. On beachless, rocky, and steep
>> coasts, it can reach inland
>> up to 20 meters, but only so far as the slope is
>> less than 30 degrees. On
>> coasts where a slope of more than 30 reaches the
>> water, there is no federal zone
>> on the land.
>>
>> Does anyone agree?
>>
>> Lowell G. McManus
>> Leesville, Louisiana, USA
>>
>>
>> -----Original Message -----
>> From: "aletheiak" <aletheiak@...>
>> To: <BoundaryPoint@yahoogroups.com>
>> Sent: Tuesday, August 30, 2005 5:59 PM
>> Subject: [BoundaryPoint] Questions Re: first known
>> legal entry into usa at a
>> tripoint ..., etc.
>>
>>
>> > --- In BoundaryPoint@yahoogroups.com, "Lowell G.
>> McManus" <mcmanus71496@m...>
>> > wrote:
>> >> Mike D.,
>> >>
>> >> Can you tell us precisely where in Mexican law is
>> the specification of the
>> >> boundary 20 meters inland of the high-tide line,
>> >
>> > article 4 here
>> >
>>
> http://portal.semarnat.gob.mx/marco_juridico/reglamentos/mar.shtml
>> >
>> >> and the extinction of state
>> >> sovereignty within the federal zone (rather than
>> mere federal public land
>> >> ownership therein)?
>> >
>> > article 27 here
>> >
>>
> http://www.ordenjuridico.gob.mx/Constitucion/cn16.pdf
>> >
>> > & as i understand all this
>> > which is perhaps not very well at all
>> > it is not so much a matter of the extinction of
>> state sovereignty in 1991
>> > as of the inalienability of federal sovereignty
>> since 1917
>> > & of the explicit assertion or reassertion of full
>> federal jurisdiction in
>> > 1991
>> >
>> >> Thank you.
>> >>
>> >> Lowell G. McManus
>> >> Leesville, Louisiana, USA
>>
>
>
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