Subject: Re: [BoundaryPoint] Questions Re: first known legal entry into usa at a tripoint ..., etc.
Date: Aug 31, 2005 @ 18:56
Author: aletheia kallos (aletheia kallos <aletheiak@...>)
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> I have studied the portions of the Mexicanhttp://portal.semarnat.gob.mx/marco_juridico/reglamentos/mar.shtml
> 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://www.ordenjuridico.gob.mx/Constitucion/cn16.pdf
> >> and the extinction of state
> >> sovereignty within the federal zone (rather than
> mere federal public land
> >> ownership therein)?
> >
> > article 27 here
> >
>
> >__________________________________________________
> > & 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
>