Jatemba Bay Citizens Outraged by Building on Federal Land for Private Use
Analysis
Sol Staff Writer
Emotions are running high concerning the massive building-in-progress on north beach La Penita by a foreign developer. The construction usurps the beach access that has existed for at least 40 years, denying residents of the colonias their ability to use the beach. 
At a recent protest many of the speakers said the developer’s objective is to increase his profit by privatizing the public land but they also pointed out that Mexican federal law clearly states: ‘foreigners are prohibited from owning land within 31 miles of the coastline. Only Mexicans can hold the title to land in the restricted zone’. Another part of the federal law prohibits anyone from building within the first 20 meters of land before the waves end (coastal beach). Look at the photos: the private building is zero meters from the shoreline of La Penita.
Due to the uproar caused by the recent demonstrations onsite, construction is halted while the matter is being addressed legally. Concerned local residents contacted the local deputy, Romy/ Rosa Mirna Mora Romano, to investigate the situation. Immediately Romy declared that this project was unacceptable, and she would take the proper actions to counteract the “illegal building” on the federal zone. The permits that the developer, George Bernard Starkey, (a.k.a. Sonny) produced were the allegely fraudulent concession granted by Profepa to build, not permission to take over the reef and beach.
However, numerous local business people and residents are impatient with the legal process. Through word of mouth there are many rumours advocating violence as a solution in this struggle against what many say is the destruction of the natural resource that will have catastrophic consequences for the ecology and society of Jaltemba Bay.
Another piece of the controversy is that the developer “thought I was doing everything right” because he has questionable 2018 permit is being questioned. Even pleading ignorance of Mexican federal zone law is no excuse under the current law. In order to build in this country, it is required to hire a Mexican engineer, a Mexican architect, a Mexican construction manager-none of these national professionals knew this law?
The next step in the building process is to apply for permit in Compostela. News reports suggest that those involved with the project allegedly paid mordida (bribe money) in order to be issued a building permit. But it wasn’t the proper agency that is qualified to approve such action according to the La Penita Notario: “where a permit is mentioned, it is from the XL City Council of Compostela, as responsible for authorizing such work. It should be clarified that it is not within the scope of our jurisdiction (Compostela). In order to have legal documents for the project, the applicant must apply to the respective Environmental Impact Manifestation, as well as the federal government authority of the SEMARNAT.”
Another component that indicates that the project‘s disregard for the environment and this country is that as a US citizen the proponent should have known about laws protecting shorelines and restricting building on coasts. A quick Google search concerning coastal building restrictions in the US, Canada, and Mexico yielded tons of documents defining similar restrictions: “In accordance with the Law of the Mexican Federal Public Administration, it corresponds to the Ministry of the Environment and Natural Resources to carry out the functions established in article 32 Bis, among which are the following matters: Promote the protection, restoration and conservation of ecosystems and natural resources and environmental goods and services, in order to promote their use and sustainable development…;”
The US considers that the coastline is under federal management. It is noted that concept of Public trust declares that waterways are inherently public, and cannot be sold even if the sovereign decrees it. Wiki adds: “Navigable waters are treated as public highways with any exclusive riparian right ending at the ordinary high water mark.”
And Canada legislation states that ‘The federal government controls coastal waters from the ordinary low watermark seaward to 200 nautical miles (370.4km). On land, the federal government has jurisdiction over all…” Any rational adult in any North American country should know that the beach is protected from building.
The following photos illustrate how much public land was taken: and could have to be torn down:
From the first foreigners-the conquistadores- to set foot in Mexico, the foreigners have had a problem with seizing land. It’s sad that in the 21st century this is still occurring. But in this instance, the citizens look to their federal government and its agency, SEMARNAT, who is responsible for any authorization of constructions in the federal zone, to halt this building immediately. On Tuesday local authorities are going to meet with the Secretariat of Environment and Natural Resources/Mexico’s Environment Ministry people and present the facts and a list of signatures.
Let’s hope that such effort does not remain in the category of good intentions. It is important to the La Penita de Jaltemba community to protect the natural resources of its shore and bay. The public asks that the federal government enforce the constitutional laws that effectively separate national interests from those privileged few that selfishly want to damage the Mexican environment. 
Concerned townspeople are invited to sign a petition requesting federal action regarding the beach build. If you have a Mexican permanent resident visa and care about your community you may sign at the La Penita Ejido Office. (first side street from La Avenida Restaurant, 3rd door on the right side of the street. Comisariado Efrain indicated that he would gather signatures from all the Ejido people.
Deputy Romy and Comisariado Efrain will share an update on the Mexico City meeting Wednesday, 3 September, at 5 pm in the La Penita town plaza. The people of La Penita are trusting that following the rules and due process will correct the problem and save their beach.
