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Latin America Investment News on Viva Tropical

Nicaragua: Tourism Investment Land Confiscated

Article Summary:

Business associations are demanding to know the legal basis for the confiscation of Hotel Punta Teonoste located in Rivas, where 20 acres of land were confiscated. The seizure was carried out, apparently without an authorized warrant, by the Attorney-General’s Office who says the land is the property of the government, not private investors.

Photo Credit: El Nuevo Diario

Original Article Text From El Nuevo Diario via Google Translate :

Businessmen Close Ranks For Punta Teonoste

The representative of the Attorney General together with the Police and members of Ineter were presented at the resort on Tuesday without any court order to seize property.

Land conflict in Punta Teonoste hotel, located in Tola, Rivas, is causing uncertainty in the country, said President of the Superior Council of Private Enterprise, COSEP, Joseph Adam Aguerri, who yesterday announced that next Wednesday will move to this place for meetings and tourism identifying specific actions to support the business owners who are threatened with being stripped of their investment.

Aguerri complained that government officials have come to this resort using the security forces.

The representative of the Attorney General’s Office, PGR, Zaida Magana, accompanied by police and members of the Institute of Territorial Studies, Ineter was presented to the resort on Tuesday without any court order or police to seize property.

The president of COSEP, this is not the most appropriate mechanism to enforce the law.

“The private sector will take that back. The losers are the ones who represent investors or the private sector, we are all Nicaraguans in the country, is the government, the image is the use, is the attraction of investment, and that is something that we will protect “said Aguerri.

Walter Bühler, the majority partner of the investment through a public letter to President Daniel Ortega, in making his complaint, said that the occupation of these lands by the Attorney General’s Office, PGR, provides a bad image for the government.

“For tourism is a day of mourning. This situation is serious, the government said it would not allow any ground. I think, unequivocally, that the government will not be tolerant to this type of abuse. This type of action gives a terrible image to domestic and foreign tourism, “said Buehler, who became the order of the president or other designated authority to show that these lands lawfully acquired 13 years ago.

Workers Released
The workers arrested last Tuesday when representatives of the Attorney General presented to the property, were released thanks to the efforts we made the same Cosep to the National Police, said the legal representative of Punta Teonoste, Walter Bühler Molina, after adding that from that day does not have access to these 20 blocks will supposedly the state in the hands of ex-guerrilla Eden Pastora.

Pastora, according to information from the same investors, has six acres of land next to that occupied the PGR.

“It is a property clean, transparent. The monetary investment is over U.S. $ 2 million in infrastructure, that’s not including the value of property, but the damage to Nicaragua is to create insecurity in the hotel industry, “the legal representative of the tourism investment.

Sectors are supportive
Last Friday, the National Chamber of Tourism of Nicaragua, Canatur, presented the award to Punta Teonoste Güegüense in Corporate Social Responsibility category. In 2007 and 2009, the owners of this resort also were awarded the same prize, but in the category of Sustainability.

Based on that experience in the tourism, Nelson Estrada, of the National Chamber of Tourism of Nicaragua, Canatur noted that such investments are essential for the country, and rejected actions such as that developed the RMP, as “scary “investors.

The deputy and private entrepreneur in the tourism sector, Alfredo Gutierrez, said the intervention of the Attorney undermines the rule of law in Nicaragua and legal security that may be of domestic and foreign investment.

These elements are attributed also to the fact that the property will be placed in the hands of third parties and not the state itself, Gutierrez said.

“If the state believes that this is state property, using the mechanisms and processes that allow the judicial system’s response, but do not act the way they acted yesterday (Tuesday), is very different,” insisted the president of the private sector.

The Nuevo Diario sought the release of the Attorney General’s Office, but in the Public Relations office informed us that provide information on the issue until next week, without specifying day and time.

Pressures from 2008
Investors in Punta Teonoste came under pressure from the Attorney General since 2008, when this entity filed suit in Civil District Court of Rivas, in which they asked to cancel the registration of the property accounts of 65 blocks that investors had acquired legally The shipyard in the region, municipality of Tola.

The lawsuit was filed Ibarra Wilbert White, who at that time was working in the office of Attorney for the southern region, and, interestingly, the former district court judge Civil Rivas, Geny Chavez Zapata, issued May 5, 2009 A judgment in favor of the RMP, ordering the Public Registrar Rivas, cancel the registration of the property accounts of 65 blocks of Swiss investors, but they regained their composure when the same court reversed its own judgment on 9 June of that year, and ordered the return to employers.

But insecurity and tranquility of the investor Walter Bühler Ignacio Molina and his partners did not cease, as the White Ibarra exprocurador appealed to the Civil Chamber of the Appeals Court in Granada, the judgment issued by the Chavez exjuez Zapata, and, to date, both parties are awaiting the ruling of the judges of the Court of Appeals in this city.

The situation worsened for investors on Tuesday 14, when officials of the PGR and the Rivas Police arrived at the resort, and after take prisoners of the guards and workers, including the hotel manager, Marlon Reyes, and proceeded to fence post 19.9 the 65 blocks that make up the tourism development since the RMP argues that the property belongs to the state severed.

According to Bühler, the party is “prescribing” the PGR is his home and a shed security guards who remained guarding the grounds of the second phase of the hotel project.

Buhler acquired the property in mid-1999 and the land before 90 went unnoticed were initially part of the estates of Cornelio Hueck, who had acquired those properties of the Shipyard for sale, he did to Rodolfo Garcia Medal, whereby it was 2 000 141 apples for the price of 50 000 cordobas.

Following the triumph of the Revolution, the property was confiscated and became managed by former Sandinista Popular Army. The military’s registered in your name at the request of General Joaquin Cuadra Lacayo, while serving as chief of the army.

The 65 blocks were entered in the Public Registry of Rivas for the Army and has registration number 30.365, volume 316, pages 275 to 278. Four days later, the Army donated the property to the ex-captain Edgar Ramon Hernandez, and this within ten days Bühler Molina sold for the sum of 50 000 cordobas.

Subsequently, the company was formed Invesstsments Suisses of Tourism SA and the company made in 2003, a break-up of 19 blocks with 5.191 rods in favor of the Hotel Punta Teonoste, which acquired the property for the sum of 20 000 cordobas.

Note that the project is located in Punta Teonoste a coastline of San Martin, the county’s Shipyard, and is a place desired by their coasts, highlighting beach Rabbit, where the hotel was built just for the PGR wants to take away.

Link to Original Article:

From El Nuevo Diario

  • Philip Christopher

    What is the chain of title for the Swiss? Did they acquire title insurance from an internationally recognized title insurer. Is this clean land? If not, blindly supporting the Swiss owners actually harms all other clean titles. The price paid as registered would seem to speak to the grey nature of the title as it is a price even for the date purchased ridiculously low.

    If land is dirty in its title chain, one might consider that the foreign buyer of dirty land is part of the problem and the government’s efforts to resolve this issue, however inept in its recent course, is a part of the solution. Foreign nationals who come to Nicaragua and buy land with questionable title or chain of ownership are as much a part of the problem of land trafficking as the Nicaraguans who create the questionable titles.

    It takes two to tango, a seller and a buyer

    That is not to say that there are not less than savory individuals involved. Procuradur Departmental Ibarra was removed from office in Dec 2009 by the National Police at gunpoint for his corrupt practices on a number of land related issues.

    However, my personal experience with Judge Giny Chavez has bee that she is one of the good guys in the judicial system. She has in my dealings with her always followed he rule of law.

    Like almost all things in Nica, there are two sides to the story.

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