TalkBaja.com » Baja Mexico Forums » Baja News Wire

Los afectados, entre los que se encuentra una pareja de ancianos estadounidenses, presentaron orden de suspensión provisional

Ensenada, B. C. - Siete familias que residen en el Rancho Packard, ubicado en el ejido Coronel Esteban Cantú, podrían perder sus hogares debido a que enfrentan una demanda por despojo de cinco hectáreas de terreno.

Alrededor de las 13:00 horas de ayer, los habitantes del lugar al sur de la mancha urbana de Ensenada, rumbo a La Bufadora, fueron amenazados con ser desalojados del sitio que han rentado desde hace 12 años, a pesar de contar con una orden de suspensión provisional del proceso legal.

La suspensión fue autorizada por la secretaria del Juzgado Décimo de Distrito, Adriana Margarita Castillo García, pero según una de las residentes afectadas, Esmeralda Anaya Joaquín, el documento fue ignorado por el actuario del Juzgado Segundo de lo Civil, Valentín Zamora Lara.

Anaya Joaquín, quien tiene la posesión del terreno en litigio, mencionó que el funcionario no acató la orden de la autoridad e intentó desalojar a una pareja de ancianos estadounidenses, para que se llevaran sus pertenencias en vehículos pick up.

Además, dijo, pretendía obligar a los extranjeros a firmar documentos escritos en español, sin embargo se resistieron con apoyo de sus vecinos, porque sólo entienden el idioma inglés.

Debido al altercado, una mujer estadounidense de aproximadamente 70 años presentó problemas de presión arterial, por lo que fue necesaria la atención de paramédicos voluntarios y la presencia de policías municipales.

Antecedentes

El mandato judicial, con fecha 26 de junio de 2013, precisa la suspensión provisional en los autos incidentales derivados del juicio de amparo número 419/2013, promovido por Anaya Joaquín.

Según explicó la inconforme, la disputa legal del terreno ubicado a la altura del kilómetro 17 de la carretera hacia La Bufadora, deriva de una demanda por despojo hecha por Ernesto Javier Inowe Cabrales.

La orden de ejecución es en contra del señor Pedro Esparza Verdugo, quien desde hace más de una década cedió la posesión de los predios a Esmeralda Anaya.

Tras varios acercamientos con el actuario para evitar el desalojo, Valentín Zamora Lara en compañía de otros individuos ignoraron las inconformidades y después se retiraron del sitio.

Más tarde acudió al Rancho Packard otro actuario, por órdenes de la secretaria del Juzgado Décimo de Distrito, quien manifestó a los afectados que el desalojo estaba suspendido.

http://www.elvigia.net/noticia/inten...siete-familias

Ensenada, B.C. - Seven families who reside in Rancho Packard, located in ejido Coronel Esteban Cantú, could lose their homes as they face an order for eviction from five hectares (12 acres) of land.

Around 1PM yesterday, the residents of the location south of the urban sprawl of Ensenada, on the road to La Bufadora, were threatened with eviction from the property which they have rented for 12 years, in spite of having an interim injunction suspending the eviction process.

The suspension was authorized by the Secretary of the 10th Judicial District, Adriana Margarita Castillo García, but according to one of the affected residents, Esmeralda Anaya Joaquín, the document was ignored by the clerk of the Second Civil Court, Valentín Zamora Lara.

Anaya Joaquín, who has possession of the land in litigation, said that the official was not acting in accordance with the authority, and was trying to evict an elderly American couple making them load their belongings into a pick-up.

In addition, she said, they tried to force the Americans to sign a document written in Spanish, however they resisted, with the support of their neighbors, as they only understand English.

Due to the altercation, an American woman who was approximately 70 years old suffered blood pressure problems, and it was necessary for voluntary paramedics to render aide and for the presence of municipal police.

BACKGROUND

The court order, dated June 26, 2013, orders the interim suspension of the court orders from case 419/2013, where Anaya Joaquín is the plaintiff seeking the interim suspension.

According to what was explained by the victim, the land under legal dispute is located at kilometer 17 of the La Bufadora highway. The dispute is derived from a demand for eviction made by Ernesto Javier Inowe Cabrales.

The order of execution is against Señor Pedro Esparza Verdugo, who more than a decade ago granted possession of the property to Anaya.

After several several attempts with the plaintiff to avoid eviction, Valentín Zamora Lara, accompanied by other individuals ignored the complaints of the residents and then removed them from the property.

Later, another agent came to Rancho Packard with orders from the Secretary of the 10th Court District, and he told the residents that the eviction was suspended.

This morning's news from Ensenada.net says there are more than one American family being evicted, perhaps three couples, from Arizona, New York and California. It also says the person who owns the land they rent under their homes raised their rent from $80 per month to $500 per month.


http://www.ensenada.net/noticias/nota.php?id=30012

Originally Posted by Woooosh

This morning's news from Ensenada.net says there are more than one American family being evicted, perhaps three couples, from Arizona, New York and California. It also says the person who owns the land they rent under their homes raised their rent from $80 per month to $500 per month.


http://www.ensenada.net/noticias/nota.php?id=30012

The persons that attempted the takeover were in the process of trying to lease the current lease holders the land for in some cases 3or4 times the amount they are currently paying. when the current owners got a court order to stop the proceedings that were underway. I have lived here 11 years and this came as a shock to everyone. the court order they received only stopped the attempted take over for now it does not change the court award to the people trying to take over . this process is only a tourniquet to stop the bleeding.

John.....how did Pedro lose control over the land? Wasn't it his?
Does Pedro really own Packard??
How do all these other players fit into the picture?

How long will it be until the military steps in?


We haven't heard "Ejido" yet. Soon....I suppose.

Originally Posted by DENNIS

John.....how did Pedro lose control over the land? Wasn't it his?
Does Pedro really own Packard??
How do all these other players fit into the picture?

How long will it be until the military steps in?


We haven't heard "Ejido" yet. Soon....I suppose.

Way back when the grandfather sold the land and the story goes the people never paid in the meantime the Ejido squatted on the land.

Pedro won control from the Ejido around 12 years ago he dropped the ball and never sued for Title these people stepped in and sued for control.
This suit pertains to the 5 hectares to the east .
according to rumor the other 5 hectares involved hasn't been settled in court.
The 10plus hectares where we live the family has title too.
The question about the military and Ejido is anyone's guess

According the ensenada.net article it says that Anaya signed over the rights to the 5 hectors in question in 2002???

Originally Posted by BajaGringo

According the ensenada.net article it says that Anaya signed over the rights to the 5 hectors in question in 2002???

uh oh.

Originally Posted by BajaGringo

According the ensenada.net article it says that Anaya signed over the rights to the 5 hectors in question in 2002???

The Rights were signed over to Her.

Originally Posted by J.P.

The Rights were signed over to Her.

This looks like one of those situations that can't be judged by public opinion and outrage.

I'll keep my opinion to myself until I see enough information to form one. That hasn't been presented as yet.

I have this info from a friend. The last line is truer than many would believe.

"In this case the Americans made a deal with an Ejidatario and got only land possession. Since the court order was against their seller and they can prove direct possession for 10 years, they were able to obtain a suspension issued by a federal court against the local judge. In my opinion, they only delayed the inevitable. They are fighting a legal battle on Ejido grounds and they will certainty loose sooner or later.

Yes, I know that ejido was executed through a virtual execution, meaning no execution and meaning the ejido will never be able to prove their land is inside a legally executed ejido. If they answer the claim on those grounds, they will certainly give a lot better fight, because they will be creating a confrontation between two Federal entities, but they can not claim property in any way.

Solution: make a claim for the land to National land office and let the Federal entities fight themselves; a fight that will certainly give them a couple more lifetimes to enjoy their land."

Just amazing. .. this is the kind of thing that I read and think 'who would ever buy land in Mexico if this kind of thing can happen?'. . . . . Most people don't know Ejido or what it is, but just think when they read this that this could happen to anyone, anywhere in Mexico.....

Originally Posted by bwall

Just amazing. .. this is the kind of thing that I read and think 'who would ever buy land in Mexico if this kind of thing can happen?'. . . . . .

What?? What happened? Did I miss something???

Originally Posted by DENNIS

What?? What happened? Did I miss something???

don't think so. families who paid their rent get evicted b/c of a land ownership dispute. in which universe does that happen?

Originally Posted by bwall

don't think so. families who paid their rent get evicted b/c of a land ownership dispute. in which universe does that happen?

Nobody was evicted. What are you talking about?

I thought the article was about eviction. I guess I'll have to re-read it and see if it's about something else.