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The Tulum Eco-Hotel Closure Debate

20 August 2008 1,617 views 2 Comments

By: Khaki Scott

Nothing – in the entire history of the universe – flies faster than awful rumors about private property being “taken” by the Mexican government. Such has recently been the case in the beautiful resort area around Tulum. Yes. Several hotels were closed down and may be demolished. However, the notion that the government of Mexico would send in the Army to take private property is totally unrealistic.

What has happened in Tulum is the result of many years of legal neglect and confusion. Instead of blindly following the rumor mill news, we decided to go in search of the original documents concerning this event. They are here.

What we found was a complex situation in which the State of Quintana Roo gave clear title to both the hotel owners and to the National Park Service – probably (we are guessing) with the intention of having the hotels help finance preservation of the environment in the area – and we found that the hotel owners knew this when they bought the property. Unfortunately, these hotels, along with quite a few others in other parts of the country, have been declared to be incompatible with environmental concerns and ordered to be shut down for years, some since as early as 1994. When the decree and ownership issues were never enforced, hotel owners developed a false sense of security, believing their operations would never be called into question. Then, the new PROFEPA Attorney General, Patricio Patrón Laviada (former Governor of Yucatan), inherited the paperwork and sent a warning to the hotel owners. They did nothing because they never had to do anything in the past. Patrón Laviada carried out the order to shut them down. It was as simple as that. Both sides thought, and still think, that they are in the right. And now the controversy over who actually owns the property – and what they will be allowed to do with it – will be settled where it should have been settled all along – in the courts.

We also hear that a famous music group is performing in support of the rights of hotel owners. It might help to know that one of the owners of one of the closed hotels is an actor and another owner is a ….. music producer.

And the moral of this story is: (a) Mexico wants you to purchase and enjoy your land there legally; and (b) always look for the real story behind the rumors. The real story may be less exciting than the rumors, but you will surely sleep better knowing your legal investment in Mexican real estate is secure.

2 Comments »

  • Stephen said:

    Nuff said. I own property in the area, about 5 miles inland, and I just don’t understand why people don’t do their research before blaming the first thing that comes to mind in MX, i.e. the gov screwed me. It is no different in QR then it is anywhere else in MX.

  • diana said:

    Does anyone know the hotels effected? I know the Mezzanine and Dreams but what else?

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