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To properly understand how land ownership in Mexico works today,
it is necessary to understand how Mexico’s protective laws regarding its ownership have been shaped by Mexican history.
The Mexican Federal Constitution, drafted in 1917, imposed new laws and restrictions
on foreign ownership as well as on ownership of land by the Church. Article 27
of the Constitution allows Mexican Nationals and Mexican companies to own property,
but restricts foreigners from owning land within certain restricted zones. Interestingly,
it is believed that the U.S. was involved in the new zoning laws in an effort
to prevent the installation of foreign military bases on its borders or coastlines.
This "restricted zone" is defined as property within 100 Kilometers
from any Mexican border or within 50 Kilometers of any Mexican coastline including
all Baja Peninsula.
In addition to limiting foreign ownership of Mexican soil, the
1917 Constitution also created a concept of inalienable, cooperative
land ownership - known as the "ejido" - which was designed
to protect Mexican peasants’ right to cultivate land. The
people were given ownership of these properties and were allowed
to farm and cultivate and receive the profit from their efforts.
Over 50 million acres of land were back in the hands of Mexican
peasants, even though the Federal government still technically
owned it.
In 1992, Mexico spearheaded a new agrarian law that for the
first time allowed "ejidatarios" or
members of ejido cooperatives to sell ejido properties. The 1992
Agrarian Law recognizes property rights within the ejido and allows
the owner of record to sell or lease the property to a non-ejido
member. The property can be removed from the National Agrarian
Registry (removed from Federal control) and placed in the public
land registry, thus allowing it to be sold or leased. Today, thousands
of acres are being converted from ejido to private property and
being sold or leased, and there are well over 50 million acres
of land that will go though this process (whether leased or sold)
over the coming years. |
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