Scuttlebuttin'

[ryberg]

A couple of recent items of possible interest in the news here lately:

Jack the American, who owns the private property a bit south of Playa Maya, between the Pelicano Inn and the Alejari, was the focus of an article the other day in the paper for his practices in the area of the beach in front of his property. Those who have been around there in the past year or two may remember seeing a Nestle ice cream shed, some beach chairs, hammocks and umbrellas, and some attempt to rope off the area and charge for the use of the same. Several passers-by report that he also sells drinks there. But the paper took him to task with claims that he has not paid any concession to the authorites to run such a business there, the implication being that he would also not be reporting the income or paying taxes on it, and that he violates the rules often mentioned here by not allowing people to use the area free of charge even if all they want to do is sit on the sand.

And the Bahia Principe has been under fire for a little while now because it was revealed that they or those under their orders have cut down a great deal more of the jungle around them than they have permission to. They evidently first claimed that the damage was done by Hurricane Emily and then that the people running the machines themselves were responsible, but it does not seem that they are in a seller's market with respect to such explanations. Also being named for similar acts is La Mansión and a park in Tulum (don't know it's exact name, I'm afraid).

Just passing on what's being bandied about publicly down here -- I have no other particular source for any of this.

Steve

I'm still waiting for the Puerto wotsit hotels by the North pier to fence the sea off for themselves as well as block the beach with sunbeds, boats and football goals.

[StewartG]

Gentlemen - as a non-local, I know my opinion doesn't hold much water, but for whatever its worth... I think there is a fine line between controlled development and exploitation. Again, not that I live there (yet), but if I did, I don't think I would mind controlled, ecologically conscious development. But cutting down a bunch of jungle? Trying to "privatize" what is by law, a completely public beach? It just REEKS to me of "killing the goose that laid the golden egg."

My two cents.

[jeevers]

this goes back to the old axium
your better of asking for forgivness than permission
thats how things work in mexico like the new pier
my neighbor built a restaurant over my parking space without asking
luckily i never had used it and he traded me for 1 that i originally wanted
but still ??WTF

Originally Posted by StewartG

Trying to "privatize" what is by law, a completely public beach? It just REEKS to me of "killing the goose that laid the golden egg."

I've been told they can apply for a permit to put stuff on the beach. But the beach itself is public/government property and everyone has a 'right of way'. However those with more muscle seem to take more space than they ought to normally be allowed.

[ryberg]

Originally Posted by Mindbender

I've been told they can apply for a permit to put stuff on the beach. But the beach itself is public/government property and everyone has a 'right of way'.

That is accurate, yes: you can (with specific permits) put up non-permanent structures (such as palapas) and put in place such items as beach chairs, umbrellas and the like and use them as part of a properly recognized business, but only after applying for and receiving a unique concession to do so, for which you pay a bundle of money. But you are nevertheless specifically prohibited from impeding free access to the beach -- actually to the Zona Federal of the beach, which is some vaguely defined area 20 meters back from the average high tide point or something like that.

Steve

the rights to, and payin

[PlayadelSoul]

The beach is free. Just try getting there, sometimes. Unless you are willing to walk a few miles from a public access, many spots are completely impossible to get to. All of the land around Playa Marama, for example, is either hotel-owned or you need to pay to use the road to get there ($100 pesos towards food and drink).

Using the hurricane as an excuse to clear land is just downright cold. Whoever is responsible should be fed to the wolves. Of course, there are numerous violations of protected lands, but this one is so heinous, that the Government is forced to take action.

[PlayadelSoul]

That should read "Maroma".

(He typed and then remembered the "Edit" function)

[StewartG]

So there is no implied "right of way" or easement across private property to reach the beach?

Also, Steve, if you don't mind my asking... Once you pay the concession to be able to put out the chairs, palapas, etc., on the beach - do you also have to give the govt a percentage of sales above and beyond normal taxes? Or is that concession just a one time fee? I'm just curious...

[ryberg]

Originally Posted by StewartG

So there is no implied "right of way" or easement across private property to reach the beach?

No, sir! Not as far as I know, at least, or can tell from what I've seen here over our first 3 years.

As far as I can see, the only thing you get as the owner of the property leading up to the zona federal is first shot at the concession. But if you don't pay it, somebody else can, and then they can open their business between the official end of your property and the waterline! This is also why you see some places -- the Albatros, until it recently shut down for constructin, is one example -- where there's nothing in place in a given part of the beach. As I understand it for a while there they had let expire the concession or something like that, and thus could not pull out their beach chairs, set up drink service or whatever there.

Even when you have paid the concession, you are explicitly forbidden to impede free access to, or use of, the zona federal. But again this means just the beach. Those that have paid the concession and whatever related fees that may be required depending on their business (permits to build palapas, for example, or to sell alcohol) have the right to deny use of what is their property (beach chairs or umbrellas, for example), but not the use of the beach itself.

Also, Steve, if you don't mind my asking... Once you pay the concession to be able to put out the chairs, palapas, etc., on the beach - do you also have to give the govt a percentage of sales above and beyond normal taxes? Or is that concession just a one time fee? I'm just curious...

You don't pay a percentage, no (well, other than regular taxes from the business, which of course are based on percentages). I mean it just operates as a regular business would. But the concession is an annual fee, I believe. Not so cheap, either, though I don't know what the exact amounts are.

Steve