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View Full Version : I just received this Press Release: Land Grab at El Pez?



kimba
22nd May 2008, 03:12 PM
--- [ FOR IMMEDIATE RELEASE ] ---

Illegal Tulum land grab underlines need for stricter anti-corruption stance in Mexico

TULUM, Riviera Maya (May 21, 2008) - Tulum boutique hotel owner John Kendall never thought he'd be stuck in the middle of a civil war.

But a tense land battle took a turn for the worst last Wednesday when Kendall found himself with a group of 60 local supporters helping defend his titled beachfront land that had been illegally invaded by men allegedly under the orders of a corrupt local politician and radio station owner, Gaston Alegre Lopez.

"I am an honest businessman who loves Mexico with a passion," said Australian-born Kendall. "I provide the local Mexican community with jobs and conduct all my dealings in a professional, legal manner. It saddens and infuriates me to see such an obvious abuse of power, and resulting miscarriage of justice and misrepresentation of Mexico occur."

Kendall, a U.S. citizen, considers Mexico his adopted home and already owns several widely acclaimed properties in Tulum: Mezzanine features an authentic Thai restaurant, sleek contemporary hotel, and is known for Friday night DJ parties; La Zebra is a newer beachfront property boasting a traditional Mexican restaurant and hotel with rustic yet stylish cabanas.

"This guy Gaston Alegre still thinks he's in 1930s Mexico. But the country is changing for the better and there are a lot of people who are opposed to this rampant, wild-west style of 'snatch and grab' corruption," explains Kendall. "He's one person stuck in the past and creating such an unfortunate drama and bad impression by abusing his power when most of the Mayan Riviera operates above board."

The conflict started more than six years ago when Kendall purchased four pieces of beautiful, beachfront titled land in Punta Piedra. Alegre, a one time politician and owner of local station, Radio Turquesa, sent squatters to live in shacks on the land, because in Mexico physically occupying a property can often trump owning an official, legal land title.

However, last December Kendall won possession of the titled land through a federal court order and built a seafood restaurant called El Pez that employs 20 local staff. According to Kendall, Alegre then retaliated by paying off local press and using his radio station to slander and attack Kendall as a land predator and the "Devil of Tulum." Things escalated last week when Alegre allegedly called in political favors and bribed officials including the judicial police to take Kendall's land by brute force.

At 5 pm on Wednesday, May 14, while customers were dining in El Pez, a group of local police followed by 30 private security guards carrying batons and wielding side arms stormed into the restaurant without showing any identification or presenting formal charges. They proceeded to roughly toss out employees and customers onto the street, before building a barricade of barbed wire to prevent any attempts from Kendall's staff to reenter. Power lines were ripped out, a generator and inverter were wrecked, and alcohol was looted. Even plasma TVs were stolen along with expensive stereo equipment and computers.

Meanwhile, Kendall rallied his staff to defend the land. Two hours later he had 60 men ready with steel pipes and home made batons as their only defense. Outnumbering the invaders, Kendall and his group retook the property peacefully only to face police from the neighboring town, Playa del Carmen, who ended up taking possession once again. Now Kendall is awaiting a formal judicial hearing next week that he hopes will clear up, once and for all, his case.
So far, the standoff has gained national media coverage on Mexico's news station, TV Azteca, and Kendall has hopes that international media will pick up the story of old-school corruption at the hands of powerful politicians that still runs deep in parts Mexico.

"If local authorities want foreign investors to remain on the Riviera Maya they need to do more to protect the rule of law, stand up to these old-time Mexican gangsters and not allow these bloody battles to happen," Kendall said. "I have millions and millions of dollars invested down here. I employ 150 local people and don't want to be the one standing on the street corner with 60 locals and a steel pipe," he continued. "If they want more people like me to come and do business they have to make it safe to do business."

kimba
22nd May 2008, 03:19 PM
Woops. ADD is at fault here, I guess the incident last Weds. was at El Pez. I have a hard time reading long things 8 ) And I couldn't edit the title!

beachreader
22nd May 2008, 05:18 PM
Wowza. I wonder if this has anything to do with the Casa Magna grab? What is going on down there?

Everything I've heard about Mr. Kendall has been good, he runs nice places, and that piece of land where El Pez is was looking pretty rough before he built on it.

Best wishes to him and his employees.

Gale in KY
22nd May 2008, 05:21 PM
there ya go Kimba, I fixed the title for you. This has been brewing for awhile now, When BR and I were there in Feb/Early March, they had guards posted as they worked around the clock to get the place open..we speculated about the need for a 24/7 guard on the property. Then, it was closed to everyone, no work going on at all. Fran was supposed to get a tour of the place as I believe Rene introduced them; but that was cancelled due to problems that I guess are related to this exact thing.

Sounds like this is who is behind many of the stuggles that property owners are facing along the beachroad right now. I wish Kendall only the best and hope this episode is quickly behind him.

I always wondered about the squatters on that piece of property.Interesting.

kimba
22nd May 2008, 05:29 PM
Thanks Gale! - the contact info on the press release was at Mezzanine/La Zebra so that's where I got confused.

I was just trying to imagine 60 guys wielding pipes and sticks and standing up to a gangsta ...

Gale in KY
22nd May 2008, 05:49 PM
Now that would be something to see wouldn't it! Good for them standing up to a tyrant.

TnTWalter
22nd May 2008, 08:18 PM
Horrible. I can't imagine this happening while visiting a restaurant. It wasn't open when we were there but they had signs for a 'grand opening'. What a terrible shame.

How would this even be resolved? I mean can't this happen any time? And it seems like when you have moderate success [Suenos, Pez/Mezz/Zebra] watch out.

pepper
22nd May 2008, 09:36 PM
This is so terrible - unbelievable that it's happening up and down the beach road...a place that's associated with peace and tranquility.

It makes you wonder what hotel owners have to go through everyday to keep their places running; to prevent them from being seized - what is happening behind the scenes that we don't hear about???

xamachdan
22nd May 2008, 09:37 PM
Don't worry, I have known John for quite a while and I'm sure he will prevail here.
This goes back to the Ejital status of all the property North of the arch. You just can't own any of it, just the right to use it. It has become so valuable that this will keep happening. It is a risk everyone knows about and are willing to take. They need to work on getting titles.
XD

Gale in KY
23rd May 2008, 04:27 AM
Although this type of thing is obviously a possiblity anywhere in Mexico, it seems we hear of it only in Tulum. Is it happening in other costal areas of Q.Roo, or is this a Tulum in particular problem?

And does that squatter rule apply to everyone or is it just for Mexican citizens? I myself am thinking a pop up camper and an empty space on the beach sound pretty good right now..:cool:..especially if occupying a piece of land is all that is needed to claim it..that is the most ridiculous thing I have ever heard...I guess the old rule, "Possession is 9/10'ths of the law" still applies in Tulum.

TheWindyCity
23rd May 2008, 06:33 AM
We passed this incident several times on the beach road while we were there...we thought they were shooting a movie, as the diners that got booted out were in the street taking photos of the police in riot gear. There was a lot of commotion an we could barely pass by.

minniemex
23rd May 2008, 06:50 AM
So Windy - you didn't realize this was for real then?? I just get so worked up when I hear these stories of land just being seized and there being nothing you can do about it. :mad:

TheWindyCity
23rd May 2008, 07:07 AM
No...we saw a lot of large pro movie cameras and thought they were shooting something inside, and the police were there for crowd control. That's how it looked to us. We had no idea that sort of thing goes on....pretty shocking and sad!

PhyllisB
23rd May 2008, 07:48 AM
I think Dan's right though -- the more valuable this land gets, the more often we're going to see it happening. :(

susan
23rd May 2008, 08:58 AM
Is this a new addition to the family?

Gincuresall
23rd May 2008, 04:51 PM
We were staying at NV from saturday to Thursday and saw this go down on the way to, and back from, dinner @ Charlies on Wednesday.

We thought someone was killed off by the amount of police and security guards that were around!...didnt slow down to ask...

Don't know if it it was just a coincindence, but earlier in the day (on Tuesday) after comming back from a day trip to Soliman Bay, we saw a vintage (mint condish) Rolls Royce parked just north of the restaurant with police escorts and a mafioso looking dude in the back seat...was this the Radio Station Guy???

When we left for the airport on Thursday about 6:30 am and there was actually a Federali (M16 and all) silhouetted in the morning sun, on the rock to the north of the restaurant...pretty erie feeling + a bunch of police and tired looking security guards.

I feel terrible for the owner...he obviously is a good businessman who has the best interest of Tulum, the people, and the economy at heart. Risk sounds like the name of the game though......

Tranquilo Tomas
24th May 2008, 07:51 AM
Don't worry, I have known John for quite a while and I'm sure he will prevail here.
This goes back to the Ejital status of all the property North of the arch. You just can't own any of it, just the right to use it. It has become so valuable that this will keep happening. It is a risk everyone knows about and are willing to take. They need to work on getting titles.
XD

Susan and I were staying on the beach the week this unfortunate incident happened. We passed by the night of the seizure . . . what a mess. We've seen this before though.
The Ejido issue has been, and will continue to be a challenge for developers on the Costa Maya, and further South. Dang, and we were going to try the restaurant.

beachwolverine
25th May 2008, 07:57 PM
WOW. We stopped there for a snack and nightcap a week or two earlier. In fact Kendall was there that night with a large group. We talked with him and they were "open" to work out a few things before the grand opening that was to happen soon. You can see a few pictures at:

http://picasaweb.google.com/scott.mathews1/Akumal2008

Never realized anything like this was in the making, nor did we realize he owned Mezzanine and La Zebra.

bw

austxdan
27th May 2008, 11:47 AM
Interesting. I was wondering why there was a Policia truck parked outside this place every day we were there. It's not like you can speed past that stretch of torn up road. This 'splains alot.

Actually, our last day there (May 25th) the Policia truck was finally gone. Maybe they just ran out for a snack.


Dan

mgsipa
29th May 2008, 03:18 PM
I guess it's to be expected when properties that used to sell for just thousands of dollars now sell for millions and tens of millions. Everyone wants a bite of THAT cake!

HollyWorton
8th June 2008, 09:09 AM
This is so terrible - unbelievable that it's happening up and down the beach road...a place that's associated with peace and tranquility.

It makes you wonder what hotel owners have to go through everyday to keep their places running; to prevent them from being seized - what is happening behind the scenes that we don't hear about???

I think most travelers probably have no idea what it's like to be a business owner in Tulum, and I have to say it's not something I would recommend to anyone. Most of the land has at least two owners, sometimes more. The risk of having our land taken is something that is never out of my mind.

I just read about Casa Magna on TA, and that's how I ended up here. I am so sorry about what has happened to both places. I can't say that I'm surprised, given the state of things in Tulum, but it's probably one of my biggest fears, and I am truly sorry for both business owners (Melissa/Erica and John). I wish them the best.

HollyWorton
8th June 2008, 09:36 AM
And does that squatter rule apply to everyone or is it just for Mexican citizens? I myself am thinking a pop up camper and an empty space on the beach sound pretty good right now..:cool:..especially if occupying a piece of land is all that is needed to claim it..that is the most ridiculous thing I have ever heard...I guess the old rule, "Possession is 9/10'ths of the law" still applies in Tulum.

Only Mexican citizens can purchase coastal property as individual landowners. Foreigners can purchase through a fideicomiso. It is true that occupying land in Mexico can be more important than having the title. This is one of the things you have to deal with if you purchase property in Mexico. The laws are different.

Lynnette
9th June 2008, 06:48 AM
To answer the squatter question...it happened on Isla, too. There is a HUGE group of shacks on the Caribbean side of the island, which is a valuable piece of property. I don't think they were sent, just a bunch of people trying to get in on the escalating land values. I've heard the "squatter" situation can happen anywhere.

This sounds so much like the takeover at Suenos, and probably Casa Magna....armed soldiers, bribery and corruption. I do hope the Mexican government steps up and stops this type of thing from happening. How scary to be having a relaxing dining experience one minute, and being thrown out on the street the next. This is such bad press for tourists.