Not Quite Legit

Nov. '05

ACT #1

After gaining possession of ejido commissioner, (three ejido chiefs ago, their terms are three years) Francisco (Pancho) Savin, way, way out ahead of a completed legal processes, created those infamous "Ejido San Jose De La Noria parcels" . . . along an extensive, undisturbed Sea of Cortez coastline; this just north of Agua Verde.

The ejdio could legally do nothing of this nature until it got its "PROCEEDE" certification. . . ; which can only be rightfully obtained after "all" land ownership disputes have been definitively settled within the ejido. (For multiple reasons San Jose De LaNora is the only ejdio in S. Baja that presently has not yet achieved that.)

Not to be blunted by such strictures, Pancho, with a phony Inginero, laid out those parcels, something I completely describe in "Parcels" on this web site. The cement markers they placed along this coastline were made to look official, but they were counterfeits. The parcel papers, complete with survey maps, looked official, too. But upon examination at the office of the Rehistagaria, the title office, they proved unrecordable; thus, essentially, valueless.

This, however, did not detour a brisk, or better said "blistering," trade in these bogus documents. Many investors snapped them up at what seemed ridiculously low prices for Sea of Cortez frontage: A few thousand dollars or an old beater pickup or carro being about standard. For the ejido members, whom had had essentially nothing, this was something tangible and they grabbed for what they could get, just as quickly as they could get it.

After the initial action another round of speculative transactions proceeded apace, many parcels changing hands numerous times in the feeding frenzy. The ultimate round of this was touched off with the ascendancy of Jorge Gutierrez to the ejido commissioners position, him being the big-time mover and shaker, with investor backing, who wheeled and dealed for all parcels he could lay claim to; quite a few. Most of these transactions entailed something up front, further payments ta follow.

ACT #2

This is where an investor, "Robi," first comes into the picture, or better put. . .;walks onto the stage. Gutierrez and Robi. Quite an act. These two fellow travelers teamed up and hatched the "Marina San Cosme" scam. (My "Marina San Cosme" story on this website provides background detail.) For numerous reasons, (this website included), the micro-thin veneer of quazi legitimacy surrounding said possessions proved less than enough to attract sufficient sucker money to push their schemes along. . . ; so they attempted adding another layer of thin, seemingly legitimizing paint.

ACT #3

According to my many local sources, Robi, I'm sure with Gutierrez's assistance, essentially hired PROCEEDE, the governmental agency in charge of getting land problems worked out, to come down to the San Cosme area and, with tripods and measuring tape, check out the whole situation.

I was surprised when word reached me that PROCEEDE was indeed working in the area. If their work was in any way fair and reasonably proficient, I was sure they'd easily solve the problems as to where Rancho El Carrizalito actually exists; just like another arm of the government that has similar responsibilities, "ENIGI," already has.

Chayo assured me that even though PROCEEDE seemed to be doing their job, they were not entering disputed properties, i.e. Ranchos Carrizalito and Palo Blanco, where the most hotly disputed parcels lie. Some of the owners of the phony parcels in these hot spots got quite upset when they were informed of this. Especially, according to Chayo, El Caparito (refer to "Parcels") who'd arrived at San Cosme all puffed up but who left limp and deflated after discovering the above.

This past winter, us on the Baja, I heard much about PROCEEDE and their seeming progress. The Quijanos were particularly upset by these developments, especially since their lawyer had filed an "IMPARA," (a total process stopper) against the ejido and a Damanda (lawsuit) against Robi. They showed me copies of these documents that seemed to have counted for nothing, because Robi was still frantically building away on those hideous eco-disaster, ego-erections, right where everyone could see his repulsive movements.

I'll admit to being somewhat baffled myself. Over and over again I was assured by others that Robi was, most assuredly, applying plenty of grease to certain political wheels. Numerous times, proud parcel owners, ones whom didn't know to who they were talking, gleefully told me that PROCEEDE, at an ejido meeting, had promised titles-in- hand. . . ; sometime during the month of April.

Numerous times in such discussions I expressed doubt that that would happen, me knowing that nothing had moved in regards to resolving property disputes. Numerous times I questioned my dentist partner Ernesto about this problem solving having to happen. . .;before any PROCEEDEs were issued. And every time he came back with a definitive, "Si," that's the progression of events, by law, that would have to take place. But, too, he'd say things like, "Well, you know those arms of the government, they're always working in favor of the ejido people."

Well. . . ; April slipped past, followed by May, June, July. . . ; and I'll admit that parcels and PROCEEDEs and things on Baja in general had mostly slipped from my mind; us being rather fully absorbed in the woods here. One day in Sept., while conversing by phone with Chayo about other matters, he throws in that parcel owners, of whom his brother Manual, by virtue of their dead fathers ejdio membership, were to receive said titles at a soon-to-happen ejido meeting.

Well, seeing is believing, was still my attitude, me snug and comfortable in what I knew about how the system was "supposed" to work.

Then, just a few days later, Chayo called me again, this time to tell me that indeed Manual had gotten title, and to everyone's surprise, titles had been issued also for parcels on disputed land, specifically on Rancho Carrizalito and Palo Blanco, the areas where PROCEEDE hadn't even surveyed. That was how things stood. And now El Chaparito was at the rancho gate, demanding to be let in on his titled parcel, him being excessively difficult to deal with, as usual.

So the call goes out to Ernesto, who calls the LaPaz lawyers. Next conversation with Chayo I'm told that El Chaparito is on the ranch, having run the gate. He tells me, too, that titles were issued in original members names, and not in the names of those who were holding parcel papers. Most of the original parcel holders, almost all of whom felt like they sold out way too cheap, didn't seem inclined to hand over such titles to those but-paper holders; Gutierrez being one of the biggest buyers of these. And to add fuel here, Gutierrez was still in arrears in regards to what he'd so ravenously gobbled up. This wrinkle, Marcia and I could help but laugh about.

In less than 24 hours then, Chayo notifies me that all title activity had been quashed, do to an IMPARA and DEMANDA initiated by the Quijanos' lawyer. I'm not sure if this was the IMPARA and DEMANDA that I'd written of several times earlier. . .;just finally working its way through the system, or new ones. But Chayo definitely told me that this had essentially cooled everyone's jets; even sending the disgruntled Chaparito back to Cd. Constitution. Too, Ernesto emailed to assure us that the lawyers had checked where titles have to be registered, and they'd found nothing for El Carrizalito, or in the surrounding area either.

In Mexico, generally, ya get what ya pay for. Apparently, those who'd paid PROCEEDE to make movement, hadn't paid enough. Another layer of pretty lookin' but less-than-legit paper had been added to an unresolved mess. I wondered aloud ta Marcia, us settin' around the wood stove during martini time, how long it would take for others to discover the fakery.

So, now with the Marina project stopped dead in its tracks, the less than legitimate attempt at legitimizing their schemes through PROCEEDE picked off also, I figurin' that these "investors" were most likely gonna lay low fer a while.

Again, I'm in awe at their brazen tenacity.

In early Nov. Chayo calls me to tell about an engineering crew, Robi's Ingineros, that were starting to lay out a road. . .;from San Cosme, to El Coyotito where Robi keeps a somewhat permanent camp. They were laying out ribbons on the far side of low-tide-only pass, past Trojillos place. They had a machine, and were actively searching for workers. And, apparently, they were going to try to cross El Carrizalito. He was in a sweat because he couldn't get in phone contact with Ernesto, who was out of town. He asked us to get Ernesto's cell phone number.

We emailed Ernesto immediately, us from our wireless but all hooked up shack. But before he and Chayo could make contact Chayo had had to exercise his authority to eject from rancho the advance elements of this penetration effort. Chayo has official-as-hell lookin' credentials issued by Ernesto, in regards to the rancho. He was also selected by the Presidente de Loreto as the "Delagado of San Cosme," the mayor or local law, so to speak. These ingineros claimed they knew nothing of the dispute there, their only source of reference, "El Plano Definativo," showed the rancho as ejido. For then they did back off, but the whole group, Robi, Gutierrez, et al, remained camped near by.

Chayo and Ernesto did talk. One of our LaPaz lawyers talked directly to Robi's head engineer. Even though this Inginero pleaded ignorance an effective message was passed. All work on the road to El Coyotito came to total stop.

But, Chayo tells me that Robi has hired Alejo, born on El Carrizalito and one of our partners in the rancho also; Alejo! for years our local guide and best buddy, that same Alejo who I'd written so many Baja adventure stories about, that Alejo! was hacking out a road going north up the coastline from El Coyotito. . .;to Ligue! Chayo also told me that Alejo, renting mules and ponga to this road building effort, was cooperating with Robi in every way.

Whew! What balls these guys have got to be supporting!

I questioned Chayo as to whether Robi and company had bothered to get a road-building permit.

"No," he came back, "Nada!"

I questioned as to whether the Presidente in Loreto, knew or approved of their scam.

"Si." He'd informed the Presidente, who was dead set against this. Chayo was going to visit him the next day, when he was going to Loreto to put a damanda against this less—than-legit operation.

Do the people of Santo Domingo ejido know of his plan to cut through their domain? I questioned further.

"No!" But he was going to inform them. He personally knew the chief of that ejido, knew where he lived in Loreto, and they were on the best of terms.

No respect for anyone, anything, any legal process that gets in their way. It set me to thinkin' just how many others wouldn't want a road penetrating that wildly magnificent coastline. I'm bettin' there's plenty of ‘em.

"Boy! Less than legitimate!" I exclaimed the next early am while doin' my daily warm-up routine. "That's the best one could say about Robi and Gutierrez's efforts."

Potential investors, I hope you get the hint.

Email: david@dondavidonbaja.com