Akumal, Q.R. — A choose has dismissed a request of safety in opposition to the Common Legislation of Nationwide Property that ensures public entry to seashores. The judicial dismissal, which is from a declare filed in December of 2020, got here after an injunction that the Akumal Seaside lodge sought to acquire in opposition to the Common Legislation of Property.
The lodge claimed an alleged violation of constitutional Articles 1, 14, 16 and 17 for being compelled to adjust to the Common Legislation, which ensures free public seashore entry, nonetheless, on June 7, a choose rejected the declare and countered it with legal guidelines established in Articles 8, 45 and 154, relating to the widespread use of nationwide property.
Amongst different issues, these articles assure public entry to maritime seashores and the federal maritime-terrestrial zone contiguous to them so their entry is probably not restricted, prohibited, hindered or conditioned, besides within the circumstances established by regulation.
In case of recidivism, along with a sanction, the concession, authorization or allow can be revoked.
The choose careworn that public entry to seashores is an inalienable nationwide asset wherein nobody should purchase. In February, the courtroom determined to disclaim the provisional suspension and on June 7, declared the case resolved, denying the request to the lodge.