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Re: Tenacatita lawsuits

Posted by siegfried on November 26, 2012, 4:16 pm, in reply to "Re: Tenacatita lawsuits "
187.146.117.98

we did receive our advise from the lawyers and it is pretty well along the line of what dobie is explaining. to make life easy i am posting here below our reaction which raises some legal points

there are a few points though i would like to make here :

*eventhough this procedure was about possession only, we should seriously look at ownership, we feel that rodenas papers to his claim are flawed, like the original "title?"
did not have a map or reference of ubicacion(es) nor colindandes and should therefore be declared legally invalid. there could not possible a legal provision or procedure
that lets a "landowner" decide later where he or she thinks or decides where they would like their land to be.

* back to the possession issue as described in the report : if rodenas somehow obtained a re-possession oder in 1999, there normally is or should be a statue of limitation, meaning that that act of legal possession should take place at or during a specific period of time not 10 or 11 years later.

* when did the president of the republic decide in favour of the ejido ? to us that means from that day forward the ejido is in full control of the said lands and can sell it and/or turn it over to 'procede' and the resulting titles therefore a fully valid.

*however if the ejido did ' distribute' these properties illegally , also they will be liable for all consequential damages etc.

* for the 3 properties that qualify we need to also pursue indemnisation from the federal government for the properties and the structures on it as well as interest on investments and loss of use and enjoyment. now the question is : has anyone successlully sued the fed. government before ?

both maggie and i are looking forward to further discussions etc >


now as dobie points out ,there are now titles of the re-manufactured type which do show something like a map etc

for D : if you are interested we can talk about this further, just let me know - s.
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