Real Estate

Court halts real estate business in Tulum by invalidating a zoning plan

The Supreme Court of Justice of the Nation (SCJN) invalidated several key points of the Municipal Program of Territorial, Ecological and Sustainable Urban Development (PMOTEDUS) of Tulum.

The Second Chamber of the Court made this decision upon resolving Constitutional Controversy 68/2021, filed by the Presidency of the Republic against the PMOTEDUS approved in 2021 by the municipal administration of Víctor Mas Tah, who is currently a councilman after losing reelection in 2021.

The program was designed to prioritize real estate development over the environment and violated federal laws. The PMOTEDUS were promoted by former governor Carlos Joaquín to generate a huge real estate business in several cities of Quintana Roo, including Tulum.

One of the central points that led to the controversy was the fact that the PMOTEDUS affected four Protected Natural Areas (ANP) without the opinion or intervention of the Federal Ministry of Environment and Natural Resources (Semarnat), as required by law.

The PNAs in question are Tulum National Park, Sian Ka’an Biosphere Reserve, Sian Ka’an Reef Biosphere Reserve, and Mexican Caribbean Biosphere Reserve.

The PMOTEDUS included eight Sustainable Territorial Management Units (UGTS) around these PNAs, and the Court confirmed that the municipality of Tulum never summoned Semarnat to be part of this Program.

Consequently, the Court declared the invalidity of the PMOTEDUS for these UGTS and ordered the Municipality to summon Semarnat to redo them – Information taken from La Opinión QR.

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