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Akumal hotel denied protection against the General Law of National Assets that ensures public beach access

Akumal, Q.R. — A judge has dismissed a request of protection against the General Law of National Assets that guarantees public access to beaches. The judicial dismissal, which is from a claim filed in December of 2020, came after an injunction that the Akumal Beach hotel sought to obtain against the General Law of Assets.

The hotel claimed an alleged violation of constitutional Articles 1, 14, 16 and 17 for being forced to comply with the General Law, which guarantees free public beach access, however, on June 7, a judge rejected the claim and countered it with laws established in Articles 8, 45 and 154, regarding the common use of national assets.

Among other things, these articles guarantee public access to maritime beaches and the federal maritime-terrestrial zone contiguous to them so their entry may not be restricted, prohibited, hindered or conditioned, except in the cases established by regulation.

In case of recidivism, in addition to a sanction, the concession, authorization or permit will be revoked.

The judge stressed that public access to beaches is an inalienable national asset in which no one can buy. In February, the court decided to deny the provisional suspension and on June 7, declared the case resolved, denying the request to the hotel.