Hispanic American Historical Review, vol. Molina Enríquez's work published just prior to the outbreak of the Mexican Revolution had a tremendous impact on the legal framework on land tenure that was codified in Article 27 of the Mexican Constitution of 1917. With this end in view, necessary measures shall be taken to divide up large landed estates; to develop small landed holdings in operation; to create new agricultural centers, with necessary lands and waters; to encourage agriculture in general and to prevent the destruction of natural resources, and to protect property from damage to the detriment of society. Article 27 declared all land, water, and mineral rights to be the property of the people of Mexico. At the same time, it will make regulating legislation to plan and organize agricultural production and its industrialization and commercialization, considering the public interest. Political Constitution of the United Mexican States (With reforms and additions through October of 2015) ... the Nation shall be empowered to carry on those activities pursuant to paragraphs sixth and seventh of Article 27 of this Constitution. And to regulate for social benefit, and for the appropriation of its natural elements, with the object of making an equitable distribution of public wealth, taking care to conserve these elements, and to achieve balanced development of the country and improvement of life for the rural and urban population. The Federal Congress and the State Legislature, within their respective jurisdictions, shall enact laws to fix the maximum area of rural property, and to carry out the subdivision of the excess lands, in accordance with the following bases: XVIII. Plants for a Prettier, Healthier Bedroom: Aloe Vera, The referencing Article about protests is here. The mixed commissions, the local governments and any other authorities charged with agrarian proceedings cannot in any case affect small agricultural or livestock properties in operation and they shall incur liability for violations of the Constitution if they make grants which affect them. On the basis of this Constitution, the State will have at its disposal the means for the expedient and honest distribution of agrarian justice, with the object of guaranteeing legal recognition of the tenancy of collective and communal lands, and of small property, and it will support the legal rights of farmers.All questions on the boundaries of communal and community lands, that have their origin in these, are under federal jurisdiction: pending or ongoing questions among two or more concentrations of population, as well as questions on the possession of the land of communes and communities. Mexican Constitution 1917 Article 27 . CONSTITUTION OF THE UNITED MEXICAN STATES – INDEX, CONSTITUTION OF THE UNITED MEXICAN STATES – ARTICLE 28. Owners shall be required to receive bonds of the local Agrarian Debt to guarantee payment for the property expropriated. XVI. For the purpose of carrying out the provisions of this article and of regulating laws that may be enacted, the following are established: A direct agency of the Federal Executive entrusted with the application and enforcement of the agrarian laws; An advisory board composed of five persons to be appointed by the President of the Republic and who shall perform the functions specified in the organic laws; A mixed commission composed of an equal number of representatives of the Federal Government, the local governments, and a representative of the peasants, to be appointed in the manner set forth in the respective regulating law, to function in each State, Territory, and the Federal District, with the powers and duties set forth in the organic and regulatory laws; Private executive committees for each of the centers of population that are concerned with agrarian cases; A communal office (comisariado ejidal) for each of the centers of population that possess communal lands (ejidos). Article 123 was perhaps the most radical of the provisions of the 1917 Constitution and was intended to give the working class a relief to the many abuses and hardships they had previously faced from uncontrolled labor managers. b) All concessions, settlements, or sales of lands, waters, and mountainous lands made by the secretariats of Promotion, Finance, or any other federal authority, from the first of December of 1876 to this date, when these lands and waters were invaded and illegally occupied, or of any other class of lands or waters pertaining to towns, settlements, congregations, or communities, and concentrations of population. (Art. 2015) Page 3 TITLE ONE CHAPTER I: Human Rights and Guarantees Article 1 In the United Mexican States, all individuals shall be entitled to the human rights granted by this Constitution and the international treaties signed by the Mexican State, as well as to the guarantees for the protection of these rights. Mexico 1917 (rev. The Spirit of the Constitution of 1917 in the articles that collect the three main social demands of Mexicans: Article 3, education Article 27, the distribution of land (9) (Note: A transitory provision of the amendment adding the foregoing paragraph to Article 27 states: “A regulatory law shall establish the rules to which concessions granted prior to the enactment of the present law (amendment) shall be subject”.). If the excess has not been transferred by the time the term has elapsed, the sale must be by means of a public auction. The Federal Government has the power to establish national reserves and to abolish them. The State will promote conditions for integral rural development, with the object of generating employment and guaranteeing the farming population’s well-being and its participation and incorporation in national development, and will promote agriculture and forest activity for the optimum use of land, with works of infrastructure, financial grants, credits, storage services, and technical assistance. Inversely, whenever a mixed commission fails to render a report during the peremptory time limit, the Governor shall be empowered to grant possession of the area of land he deems appropriate. The distribution of lands, forests, and waters to concentrations of population will take place in terms of the regulating law. (11)The centers of population which, by law or in fact, possess a communal status shall have legal capacity to enjoy common possession of the lands, forests, and waters belonging to them or which have been or may be restored to them. For the purposes of equivalence, one hectare of irrigated land will be computed to be as two of secondary land, as four of grazing land of good quality, and as eight of woods, mountainous land, or grazing land in arid areas. Lands which are subject to individual adjudication must be partitioned precisely at the time the presidential order is executed, according to regulatory laws. ( Log Out / Expropriations may only be for cause of public utility, and with compensation. Underground waters may be brought to the surface by artificial works and utilized by the surface owner, but if the public interest so requires or use by others is affected, the, Federal Executive may regulate its extraction and utilization, and even establish prohibited areas, the same as may be done with other waters in the public domain. (6), In the Nation is likewise vested the ownership of the waters of the territorial seas, within the limits and terms fixed by international law; inland marine waters; those of lagoons and estuaries permanently or intermittently connected with the sea; those of natural, inland lakes which are directly connected with streams having a constant flow; those of rivers and their direct or indirect tributaries from the point in their source where the first permanent, intermittent, or torrential waters begin, to their mouth in the sea, or a lake, lagoon, or estuary forming a part of the public domain; those of constant or intermittent streams and their direct or indirect tributaries, whenever the bed of the stream, throughout the whole or a part of its length, serves as a boundary of the national territory or of two federal divisions, or if it flows from one federal division to another or crosses the boundary line of the Republic; those of lakes, lagoons, or estuaries whose basins, zones, or shores are crossed by the boundary lines of two or more divisions or by the boundary line of the Republic and a neighboring country or when the shoreline serves as the boundary between two federal divisions or of the Republic and a neighboring country; those of springs that issue from beaches, maritime areas, the beds, basins, or shores of lakes, lagoons, or estuaries in the national domain; and waters extracted from mines and the channels, beds, or shores of interior lakes and streams in an area fixed by law. As small property, the land that an individual may have may not exceed one hundred fifty hectares when the lands are used to raise cotton, if they receive irrigation; and of three hundred if they are used for the cultivation of bananas, sugar cane, coffee, henequen, rubber, palm oil, wine grapes, olives, quinine, vanilla, cacao, or fruit trees.Small ranching property will be considered anything which does not exceed the area necessary to maintain up to five hundred head of large livestock or its equivalent in small livestock, in the terms that the law fixes, in accord with the grazing capacities of the lands. Local laws shall organize the family patrimony, determining what property shall constitute it, on the basis that it shall be inalienable and shall not be subject to attachment or encumbrance of any kind. The Nation will at all times have the right to impose on private property the ways of use that the public interest dictates. When, through works of irrigation, drainage, or any other works done by the owners or possessors of a small property, the quality of the land has been improved, the land will continue to be considered small property, even when, by virtue of the improvement obtained, it passes the maximum amounts specified by this section, as long as it remains as one piece of property according to the requisites that the law sets. 4, No. I. It contains three essential articles, numbers 3, 27, and 123. The State may grant the same right to foreigners, provided they agree before the Ministry of Foreign Relations to consider themselves as nationals in respect to such property, and bind themselves not to invoke the protection of their governments in matters relating thereto; under penalty, in case of noncompliance with this agreement, of forfeiture of the property acquired to the Nation. III. This same procedure shall be followed in the case of property whose value is not recorded in the tax offices. When, within one small ranching property, there are improvements in lands and these are dedicated to agricultural uses, the area utilized for these cannot exceed in any case the limits from the second and third paragraphs of this section that correspond to the quality that these lands had before the improvement. The amount fixed as compensation for the expropriated property shall be based on the value recorded in assessment or tax. The laws of the Federation and the States, in their respective jurisdictions, will determine the cases in which public utility requires the occupation of private property. Article 3 of the Mexican Constitution of 1917 states that the education imparted by the federal state shall be designed to develop harmoniously all the faculties of the human being and shall foster in him at the same time a love of country and a consciousness of international solidarity, in independence and justice. Normal laws relating to works or labors of exploitation of minerals and substances referred to in the fourth paragraph of this article will regulate the execution and verification by which the exploitation is conducted, or the operations by which it should be effected, independent of the date of granting of the concession. The law will protect the integrity of the lands of indigenous groups. In the case of petroleum, and solid, liquid, or gaseous hydrocarbons no concessions or contracts will be granted nor may those that have been granted continue, and the Nation shall carry out the exploitation of these products, in accordance with the provisions indicated in the respective regulatory law.(8). The following are declared null and void: The sole exception to the aforesaid nullification shall be the lands to which title has been granted in allotments made in conformity with the Law of June 25, 1856, held by persons in their own name for more than ten years and having an area of not more than fifty hectares. 2007) Page 3 FIRST TITLE CHAPTER I: Individual Guarantees Article 1 Every individual in the United Mexican States shall enjoy the guarantees granted by this Constitution, which cannot be restricted or suspended except in such cases and under such conditions as herein provided. With the fall of Huerta, the revolutionaries were fighting internally to see who would be the next to sit on the presidential chair. Post was not sent - check your email addresses! The division or distribution that took place among neighbors of a concentration of population with an appearance of legitimacy, and in which there was an error or bad intent shall be nullified when three fourths of the persons are in possession of one fourth of the lands in question, or one fourth of the same persons are in possession of three fourths of the lands. The relationship between the church and the state was the subject of more than one article of the Constitution of 1917. The agency of the Executive and the Agrarian Advisory Board shall report on the approval, rectification, or modification of the reports submitted by the mixed commissions, containing the changes made therein by the local governments, and so notify the President of the Republic, who as the supreme agrarian authority will render a decision. XII. No concessions or contracts will be granted for the extraction of petroleum or solid, liquid, or gaseous hydrocarbons, or for radioactive minerals. Mexican Revolution Constitution Of 1917. The excess over the fixed area shall be subdivided by the owner within the time fixed by the local law, and these parcels shall be offered for sale under terms approved by the governments, in accordance with the aforementioned laws. 32 Article 27 Article of the new Mexican Constitution of 1917 that claimed that from HIST 215 at University of Virginia To determine this equivalence one hectare of irrigated land shall be computed as two hectares of seasonal land; as four of good quality pasturage (agostadero) and as eight as monte (scrub land) or arid pasturage. Mexican Constitution Of 1917 Summary . The legal rules relating to the working or exploitation of the minerals and substances referred to in the fourth paragraph shall govern the execution and proofs of what is carried out or should be carried out after they go into effect, independent of the date of granting the concessions, and their nonobservance will be grounds for cancellation thereof. The value of the parcels shall be paid by annual installments which will amortize principal and interest, at an interest rate not exceeding 3% per annum. (7), In those cases to which the two preceding paragraphs refer, ownership by the Nation is inalienable and imprescriptible, and the exploitation, use, or appropriation of the resources concerned, by private persons or by companies organized according to Mexican laws, may not be undertaken except through concessions granted by the Federal Executive, in accordance with rules and conditions established by law. Your email address will not be published. How are they similar? The State, in agreement with internal public interest and the principles of reciprocity, may allow foreign states to acquire real private property necessary for the direct service of their embassies or legations in the permanent place of residence of the Federal Powers. All the contracts and concessions made by the previous government since 1876, that have had as a consequence the collection of lands, waters, and natural resources of the Nation for a single person or association, are declared subject to review, and the Executive of the Union will be enable to declare those that involve serious damage to the public interest null and void.XIX. VI. The law shall specify the brief procedure to which the settling of such controversies shall conform. VII. In this matter, concessions will not be granted to individuals, and the Nation will make use of the goods and national resources required to achieve these ends. 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