Legal History
San Carlos Bay, Nuevo Guaymas Sonora
Overview
San Carlos was founded by Rafael T. Caballero in 1963. Mr. Caballero assembled three cattle ranches known as El Baviso, San Carlos and Algodones, together comprising more than 34,000 acres. After an official donation of the larger part of these lands to the Federal Government through an Agrarian Expropriation Law and Presidential decree, Mr. Caballero retained approximately 12,500 acres as protected private property. These 12,500 acres were officially designated through two decrees by the State of Sonora Congress as a tourism community denominated San Carlos Bay, Nuevo Guaymas, in the Municipality of the City and Port of Guaymas, Sonora, Mexico. The Federal Authorities later ratified these acts in another Federal Declararation published in the official Federal Gazzette whereby these lands were officially designated as of National Priority Tourism Development.
Today 9,000 (72%) of the 12,500 acres remain available for development. Approximately 5,000 of these undeveloped acres lie in the northern sector of San Carlos.
CITY LIMITS
The “El Baviso” land tract, which along with the adjacent “San Carlos” and “Los Algodones” land tracts, form the San Carlos Bay Nuevo Guaymas Township, as outlined in a certain State of Sonora Congress Decree published in the State of Sonora Official Bulletin number 26 of September 28th, 1963. Therefore the three land tracts “El Baviso”, “San Carlos” and “Los Algodones” are located within the virtual city limits of the future City of San Carlos Bay, Nuevo Guaymas.
NO AGRARIAN PROBLEMS
El Baviso land tract along with the other San Carlos and Los Algodones land tracts do not have any agrarian problem. The Agrarian Reform Secretariat on July 1st, 1976 executed a certain Affidavit number 2440-438155, Reference XV through its Legal Affairs Direction, defining that all the lands located within the “El Baviso”, “San Carlos” and “Los Algodones” parcels already recognized and honored as private property legal reserve and do not have any agrarian problem whatsoever.
That the original land owners voluntarily donated part of their excess property to the Federal Government who assigned them for the “13 of July” Agrarian settlement use, as per Presidential Decree of August 27, 1968, carried out on May 13, 1976, ratifying that the actual private land owners can freely make transfers of title, incorporate or merge corporations and assign on any legal format, part or the total of the private properties referred to, without the need of any other further prior permits from said Secretary.
A FEDERAL TOURISM DECLARATION
The Official Gazette of August 15, 1980 published an official Federal Declaration underwritten by the Secretariat of Communications and Public Works, the Tourism Development Secretariat and the Agrarian Reform Secretariat affirming that San Carlos Bay, Nuevo Guaymas and its private lands located within “Los Algodones”, “El Baviso” and “San Carlos”, including their business operators, are within the Priority Tourism Development Zone for all legal purposes, enjoying the benefits that a National Tourism Destination brings.
CONURBATED PLAN
The mentioned lands are included within the Partial Municipal Conurbated Development Plan for Empalme-Guaymas-San Carlos, sponsored by the State of Sonora Urban Infrastructure Secretariat (SIUE) as published in the State of Sonora Official Gazette for all legal effects.
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