Behind the Mayaland dispute in Mexico's most famous archaeological zone

The long-running conflict over the Mayaland Hotel within the archaeological zone of Chichén Itzá has led to serious allegations of corruption, legal irregularities, and abuse of authority.

The dispute began in 2020 when hotel owner, entrepreneur Fernando Barbachano Herrero, agreed to sell the Mayaland hotel to businessman Rodolfo Rosas Moya for nearly US$20 million. According to the contract, if either party failed to meet its obligations, the agreement would automatically dissolve, and the breaching party would face penalties. When Rosas Moya allegedly defaulted on payments, he reportedly sought recourse in a Quintana Roo civil court, a jurisdiction with no clear authority over the Chichén Itzá property.

Barbachano contends that former governor of Yucatán, Mauricio Vila Dosal — now a senator — along with former Quintana Roo prosecutor Óscar Montes de Oca and Yucatán prosecutor Juan Manuel León León, facilitated what he describes as the unlawful seizure of his hotel. He accuses them of “acts of corruption” and complicity in what he calls “theft” of his property.

In 2022, the Mayaland Hotel was seized, allegedly with the support of authorities from both Yucatán and Quintana Roo. Barbachano’s team claims that personnel from the state prosecutor’s offices and state police entered the premises, took control of the hotel, and attacked his employees. A representative of Rosas Moya was then appointed as the custodian of the property by the Yucatán Prosecutor’s Office.

Subsequent legal rulings have complicated the matter. Under new leadership in 2023, the Quintana Roo Prosecutor’s Office ordered the Yucatán Prosecutor’s Office to return the hotel to Barbachano. Despite a constitutional obligation to comply with such orders, the Yucatán authorities have reportedly remained in contempt. Barbachano’s legal team states that even an initial court-ordered suspension—intended to ensure the return of the property—was disregarded.

Speaking at a press conference, Barbachano and his lawyers reiterated their allegations. Barbachano’s team said this request violated the original terms and caused the contract’s automatic dissolution. Nevertheless, they say, the Quintana Roo Prosecutor’s Office seized the property without proper judicial authorization, and Yucatán authorities subsequently backed Rosas Moya’s position.

Barbachano maintains that the hotel is unique due to its location within an archaeological zone, calling it “the jewel in the crown.” He expressed determination to recover his property, stating: “I will not allow this thief and bandit to take over the Mayaland Hotel.” He alleges that Rosas Moya operates through “shell companies” and uses political connections to take over valuable properties.

Rosas Moya’s representatives deny these claims.

“This is a private matter that is being resolved in the courts,” his statement reads, adding that attempts are being made to turn it into a media spectacle.

According to Rosas Moya’s legal team, Barbachano received initial payments and then changed his mind about selling, seeking to undo an already consummated deal. They assert that all their actions have complied with the law and that the courts have recognized their position. Rosas Moya’s team states that Barbachano has been linked to criminal proceedings and lost an amparo, or legal protection, trial designed to evade justice.

About expropriation in Mexico

Expropriation is when a government takes private property for public use, with compensation provided to the owner. The law has been invoked repeatedly to build the Tren Maya, but its roots begin with the Mexican Revolution of 1910.

The Revolution was partly driven by unequal land distribution, with few landowners holding vast properties. The 1917 Constitution enshrined the concept of land reform, allowing the government to expropriate land to create ejidos, or communally owned lands for small farmers.

Various governments implemented land redistribution programs post-revolution. President Lázaro Cárdenas (1934-1940) oversaw extensive land reform, transferring millions of hectares from haciendas to ejidos. This led to a significant shift in land ownership patterns.

While addressing land inequality, the ejido system faced challenges related to productivity. In the 1990s, constitutional changes allowed for the privatization of ejido lands. This aimed to modernize the agricultural sector and raised concerns about potential land concentration.

Today, the Mexican government retains the power of expropriation for public use, such as infrastructure, public housing, parks, environmental protection, and energy projects such as oil and gas fields or pipelines.

Land expropriation remains a complex issue in Mexico. While it is a tool for public development, it can also lead to disputes over compensation and concerns about community displacement.

— With research and reporting from Yucatán Magazine senior editor Carlos Rosado van der Gracht and reporters from Diario de Yucatán