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Profepa wins Tulum real estate legal battle and becomes custodian of Adamar condo project in Bahía Solimán

Tulum, Q.R. — A Tulum real estate condo project has been seized by federal authorities who are now its legal custodians. On Tuesday, the Federal Attorney’s Office for Environmental Protection was granted permission by a criminal judge to seize condominium project Adamar.

The ruling was made after a complaint was filed with the Attorney General’s Office of Quintana Roo. The compalint was filed by Profepa (Federal Attorney for Environmental Protection) against the property located in Tankah IV, Bahía de Solimán for building without environmental permits.

The condo project was shut down earlier this summer after a federal inspection. In August, a judge ruled the construction illegal and ordered Profepa (Procuraduría Federal de Protección al Ambiente) to return the land to its original state.

The August 14 ruling was made after, on four occasions, the real estate project had been shut down by Profepa inspectors for a lack of permits. On September 23, a criminal judge in Tulum ruled in favor of Profepa, who have seized the building which could result in it being demolished.

“A criminal judge in Tulum ruled in favor of the Federal Attorney for Environmental Protection (Profepa) to seize the property known as “Adamar.” This property is located in Tankah IV, Bahía de Solimán, Municipality of Tulum, Quintana Roo,” Profepa said in a statement Wednesday.

“The complaint was filed by Profepa on July 16 against the legal entity “Desarrollos Tulum Dieciséis, SAPI de CV,” commercially known as Condominio Adamar, for acts that could constitute crimes against property, public administration, urban development, and the environment, as provided for in various articles of the Penal Code of the state of Quintana Roo.

“In a hearing held on September 23, the criminal judge ruled that the request submitted by the Prosecutor’s Office, with the participation of Profepa as the complainant and victim, was admissible, acknowledging the existence of sufficient evidence to authorize the immediate seizure of the property.

“With this measure, the State Attorney General’s Office proceeded to execute the seizure, designating Profepa as the custodian of the property. This will ensure the property’s protection and allow for the continuation of the corresponding investigations.

“The seizure means the company involved will not be able to continue construction work while administrative and criminal responsibilities are determined.

“The developers of this condominium began construction work without the corresponding federal environmental authorization and continued said work despite the closures imposed on them at various times, which is why their actions were contrary to environmental regulations and state and federal laws, resulting in various administrative violations and offenses against biodiversity.

“Profepa reaffirms its commitment to protecting natural resources and enforcing the law, and will continue working in coordination with state and federal authorities to follow up on this case, as well as to address any proceedings arising from these actions.”