Friday, August 13, 2010

What About My Rights In Mexico?

Lots of chatter on the about the expropriation of land along the beaches of Tenacatita. I don't doubt for a second that politicians are being paid no more so than politicians in any other part of the world who receive kickbacks, pork barrel funding, lobbying, etc.

But what really ticks me off is when people talk out of their rear ends about a topic they know very little about. The first part is about the removal of palapas, small businesses and homes along this particular beach. Sorry, but you have to have either escrituras (title) or as a foreigner a trust since it is coastal territory. And maybe many of those at this particular beach do have title to their land and property, good for them. People have been squatting for the last 100 years in Mexico. Why? My personal opinion is because of the revolution. It was the biggest mistake in the history of this country. What they intended to accomplish and what actually materialized are two different things. The modern version of the Mexican revolution is our thorn in the side AMLO, Andres Manuel Lopez Obrador who is a hand holder of Fidel Castro and Hugo Chavez. So with this alone you can understand the story and the outcome. The revolution was intended to take from the rich and give to the poor. Many foreigners say it was a great thing for those poor ole Mexicans. Well, look at the last 90 years of history and you can see what the Mexican revolution left us. First the expropriation of oil which has been in the hands of Pemex since 1938, is the caja chica (petty cash) for the Mexican government, and the largest failure of an oil company that has ever existed in the history of petroleum exploration and extraction. 52% of gross revenue goes to pay the union, their workers, their housing, their food, their everything.

People have come from all over the rural areas and just squatted. If they stayed long enough they would raise enough cane that the government would give in and give them title to the land or move them to a new and bigger piece of land and grant title for free.

All of my life I have heard about the American welfare program and all the dependence it created on the government and people standing around with their hand extended. Following that were the housing project, drug and alcohol addition, and unwanted children from teenage pregnancies.

Mexico has its version of welfare too and has had since the days of the infamous revolution. Most people don't realize how many handouts really exist in this country. For starters, worker benefits which include a Christmas bonus, vales de despensa or food coupons, vales de gasolina or gasoline coupons, utilidades or profit-sharing, first-time homeowner discounts and fixed credit at 6% for up to 30 years, home purchase subsidy free medical care for worker, spouse, children and any dependent extended family members, discounted or free childcare, and there is more. These are mandatory for anyone who is a registered worker. If you work for yourself and business or person is registered, you can create your own funds for the above which are tax deductible and some of the benefits provided by the government.

Outside of the above, we have programs in rural areas to subsidize farmers and small business. If you have children and you promise to keep them in school, they receive a monthly stipend for each child through high school, steep discounts on school supplies and uniforms and because they are rural they must be poor so they are eligible for breakfast and lunch programs. Remember the U.S. welfare program and its outcome? Well, lookout because we have our own fallout from these programs too. Remember the farm subsidizes? Where do you think the money really goes? Because most people in rural areas have no formal education which is provided free by the Mexican government and located right there next to their farm, they don't know what to do with the money. It gets flittered away. The money from the Oportunidades program gets spent on chucherias and alcohol and no more crops are being grown.

I feel no sympathy for people who are squatters. Some say, oh those poor souls, they have no where to go. Well where in the heck did they come from to begin with? They just didn't roam around forever. They had a place, didn't like it or it didn't do what they wanted it to do so they just pack up and found a leader who will support them and fight the government until they get something for free.

So what about my rights and those that bought land along the beach? If they purchased their land legally, have title or trust to the land, they may still lose the land (eminent domain) but will be paid fair market value for it if the government deems that the new projects will benefit the area, provide "formal" jobs (those jobs pay taxes and provide the worker the benefits listed above), brings infrastructure to the area, and increases overall property values for those that hold legal title to land and property in the area. This increases the tax base and provides more state and federal funds for the area as well.

I own my property, it's in my name, and I can sell it at whim under legal conditions. My rights are guaranteed by the Mexican Constitution and if a foreigner carries an FM2 or FM3 their rights are protected under the provisions provided. Both carry different guarantees and stipulations.

What you are reading on the forum for the most part is bunk. in terms of foreigners rights in Mexico. If those things were happening near your property on a beach in your country, what would you want to happen? Have people to continue to run illegal businesses out of shacks, not have to follow health requirements, environmental violations, and not paying taxes? I don't think so. Stop feeling sorry for Mexico and its people and push them to do what is right by any standard around the world. We are mediocre people that need to be brought into the 21 century.

I don't know all the particulars at Tenacatita, but I do know about my legal rights, squatters and eminent domain in Mexico.

The more the government gives you, the less rights you have.


  1. Excellent Post Chris. Can you hit more topics like this, maybe Health Care in Mexico, Mexican retirement & more!

  2. Damn! 52% of Pemex gross revenues goes to worker benefits? That is the most wonderful news I've heard concerning the oil industry in years. I can buy Pemex with a glad heart knowing that the money is not going to greedy, rapacious bastards for their gold-plated lifestyles.

    Viva La Revolucion!

  3. This morning's News reports in the USA the Public employee now makes 2 times the amount as the same employee in the private sector and that DOES NOT include benefits. Also the Public sector is the largest employer in the USA. In the big picture, I would prefer the Pemex problem more than what we now have in the USA. We are going down the tubes fast. Hear the big FLUSH!

  4. Richard, as good as your idea sounds, it is the opposite extreme. We need something in the middle where businesses make money, don't have their hands tied by the government, and yet leave something for the little guy. Pemex is such a mess it will actually break this country in the next 10 years.

    I believe in worker benefits but not when it affects the rest of the population.

    As I have always said, you can do whatever you want as long as it doesn't negatively affect the rest of society.

    Our social hospitals are void of medicine and new equipment because the IMSS union has been able to hold us hostage and their pensions are 130% of their last yearly income. It doesn't take a rocket scientist to run the numbers and wonder in which of the next five years the hospitals will be closing.

    Not against unions, not against big business. There has to be a middle ground where we all win.

  5. With all thst's happening with drug gangland murders in Mexico was it the perfect time to mount a private invasion of a pristine beach? It was if you're the power greedy chap from Guad who's eye has been on Tenacatita even before he made a deal with an old widow who had no use for another Mexican beach.Its all coming to light now, and because of it perhaps 800 people are wondering what they will be doing now that their small businesses have been put assounder by the wrecking crews working on their properties. If you know about El Tamirindo you will see how the Tenacatita experience will soon be a thing of the past for anyone except the super rich. You will never again see the 50 buses in every parking spot available or crowds on the long sweeping beach. The power of The Man and the nature of his proposed business will see that anybody working there for him will be payed just enough to keep him coming back to the only gig around and that he won't be paying income tax.