Article 27 Political Constitution of the United Mexican States

The ownership of the lands and waters comprised within the limits of the national territory corresponds originally to the Nation, which has had and has the right to transmit the dominion of them to private individuals, constituting private property.

Expropriations may only be made for reasons of public utility and through compensation.

The Nation shall have at all times the right to impose on private property the modalities dictated by the public interest, as well as to regulate, for social benefit, the enjoyment of the natural elements susceptible of appropriation, with the object of making an equitable distribution of public wealth, taking care of their conservation, achieving the balanced development of the country and the improvement of the living conditions of the rural and urban population. Consequently, the necessary measures shall be dictated to order human settlements and establish adequate provisions, uses, reserves and destinations of lands, waters and forests, with the effect of executing public works and of planning and regulating the founding, conservation, improvement and growth of population centers; to preserve and restore the ecological equilibrium; for the division of large estates; to provide, in the terms of the regulatory law, the collective organization and exploitation of the ejidos and communities; for the development of small rural property; for the promotion of agriculture, livestock raising, forestry and the other economic activities in the rural environment, and to avoid the destruction of the natural elements and the damages that property may suffer to the detriment of society.

The direct dominion of all the natural resources of the continental platform and the submarine shelves of the islands corresponds to the Nation; of all the minerals or substances that in veins, layers, masses or deposits, constitute deposits whose nature is distinct from the components of the terrains, such as the minerals from which metals and metalloids used in industry are extracted; the deposits of precious stones, of rock salt and the salt works formed directly by marine waters; the products derived from the decomposition of rocks, when their exploitation requires underground works; the mineral or organic deposits of matters susceptible of being used as fertilizers; the solid mineral fuels; petroleum and all the carbides of hydrogen, solid, liquid or gaseous; and the space situated over the national territory, in the extension and terms fixed by International Law.

The waters of the territorial seas in the extension and terms fixed by International Law are the property of the Nation; the interior marine waters; those of the lagoons and estuaries that communicate permanently or intermittently with the sea; those of the interior lakes of natural formation that are linked directly to constant currents; those of the rivers and their direct or indirect affluents, from the point of the bed in which the first permanent, intermittent or torrential waters begin, until their mouth in the sea, lakes, lagoons or estuaries of national property; those of the constant or intermittent currents and their direct or indirect affluents, when the bed of the former in all its extension or in part of them, serves as a limit to the national territory or to two states (federal entities), or when it passes from one state (federal entity) to another or crosses the dividing line of the Republic; that of the lakes, lagoons or estuaries whose basins, zones or banks are crossed by dividing lines of two or more entities or between the Republic and a neighboring country, or when the limit of the banks serves as a boundary between two states (federal entities) or of the Republic with a neighboring country; those of the springs that spring up in the beaches, maritime zones, beds, basins or banks of the lakes, lagoons or estuaries of national property, and those that are extracted from the mines; and the beds, bottoms or banks of the lakes and interior currents in the extension fixed by the law. The underground waters may be freely brought to the surface through artificial works and appropriated by the owner of the terrain, but when the public interest requires it or other uses are affected, the Federal Executive (Ejecutivo Federal) may regulate their extraction and utilization and even establish prohibited zones, the same as for the other waters of national property. Any other waters not included in the foregoing enumeration shall be considered as an integral part of the property of the terrains through which they run or in which their deposits are found, but if they are located in two or more properties, the enjoyment of these waters shall be considered of public utility, and shall remain subject to the provisions dictated by the states (federal entities).

In the cases to which the two preceding paragraphs refer, the dominion of the Nation is inalienable and imprescriptible and the exploitation, use or enjoyment of the resources in question, by private individuals or by companies constituted in accordance with Mexican laws, may only be carried out through concessions granted by the Federal Executive (Ejecutivo Federal), in accordance with the rules and conditions established by the laws. The legal norms relating to works or labors of exploitation of the minerals and substances to which the fourth paragraph refers shall regulate the execution and verification of those carried out or to be carried out as of their entry into force, independently of the date of granting of the concessions, and their non-observance shall give rise to the cancellation of the latter. The Federal Government has the faculty to establish national reserves and to abolish them. The corresponding declarations shall be made by the Executive in the cases and conditions that the laws provide. In the case of radioactive minerals and lithium, no concessions shall be granted. The planning and control of the national electric system corresponds exclusively to the Nation in the terms of Article 28 of this Constitution, as well as the public service of transmission and distribution of electric energy; in these activities no concessions shall be granted. The laws shall determine the manner in which private individuals may participate in the other activities of the electric industry, which in no case shall have prevalence over the public enterprise of the State, whose essence is to comply with its social responsibility and guarantee the continuity and accessibility of the public electricity service.

In the case of petroleum and of solid, liquid or gaseous hydrocarbons, in the subsoil, the property of the Nation is inalienable and imprescriptible and no concessions shall be granted. With the purpose of obtaining income for the State that contribute to the long-term development of the Nation, the latter shall carry out the activities of exploration and extraction of petroleum and other hydrocarbons through assignments to public enterprises of the State or through contracts with these or with private individuals, in the terms of the Regulatory Law. To comply with the object of said assignments or contracts the public enterprises of the State may contract with private individuals. In any case, the hydrocarbons in the subsoil are the property of the Nation and so it must be stated in the assignments or contracts.

The enjoyment of the nuclear fuels for the generation of nuclear energy and the regulation of their applications for other purposes also corresponds to the Nation. The use of nuclear energy may only have peaceful ends.

The Nation exercises in an exclusive economic zone situated outside the territorial sea and adjacent to it, the rights of sovereignty and the jurisdictions that the laws of Congress determine. The exclusive economic zone shall extend to two hundred nautical miles, measured from the baseline from which the territorial sea is measured. In those cases in which that extension produces overlap with the exclusive economic zones of other States, the delimitation of the respective zones shall be made to the extent that results necessary, by agreement with these States.

The capacity to acquire the dominion of the lands and waters of the Nation shall be governed by the following prescriptions:

I.Only Mexicans by birth or by naturalization and Mexican companies have the right to acquire the dominion of the lands, waters and their accessions or to obtain concessions of exploitation of mines or waters. The State may grant the same right to foreigners, provided they agree before the Ministry of Foreign Affairs (Secretaría de Relaciones) to be considered as nationals with respect to said goods and not to invoke for that reason the protection of their governments as regards them; under the penalty, in case of failing to comply with the agreement, of losing in benefit of the Nation, the goods that they may have acquired by virtue of it. In a strip of one hundred kilometers along the borders and of fifty on the beaches, under no motive may foreigners acquire direct dominion over lands and waters.

The State, in accordance with the internal public interests and the principles of reciprocity, may, at the judgment of the Ministry of Foreign Affairs (Secretaría de Relaciones), grant authorization to foreign States to acquire, in the permanent place of residence of the Federal Powers, the private property of real estate necessary for the direct service of their embassies or legations.

II.The religious associations constituted in the terms of Article 130 and its regulatory law shall have capacity to acquire, possess or administer, exclusively, the goods that are indispensable for their object, with the requirements and limitations that the regulatory law establishes;

III.The institutions of charity, public or private, that have for their object the aid of the needy, scientific research, the dissemination of teaching, the mutual aid of the associates, or any other lawful object, may not acquire more real estate than those indispensable for their object, immediately or directly destined to it, subject to what the regulatory law determines;

IV.Mercantile companies by shares may be owners of rural terrains but only in the extension that is necessary for the fulfillment of their object.

In no case may the companies of this class own lands dedicated to agricultural, livestock or forestry activities in an area greater than the respective equivalent of twenty-five times the limits indicated in section XV of this article. The regulatory law shall regulate the capital structure and the minimum number of partners of these companies, so that the lands owned by the company do not exceed, in relation to each partner, the limits of small property. In this case, all individual share ownership corresponding to rural land shall be aggregated for computation purposes. Likewise, the law shall set forth the conditions for foreign participation in such companies.

The same law shall establish the means of registration and control necessary to comply with the provisions of this section;

V.Duly authorized banks, in accordance with the laws on credit institutions, may hold capital invested in urban and rural properties in accordance with the provisions of said laws, but may not own or administer more real property than that strictly necessary for their direct object.

VI.The states (federal entities), as well as the Municipalities of the entire Republic, shall have full capacity to acquire and possess all the real property necessary for public services.

The laws of the Federation and of the states (federal entities), in their respective jurisdictions, shall determine the cases in which the occupation of private property is of public utility, and in accordance with said laws the administrative authority shall make the corresponding declaration. The price fixed as compensation (indemnity) for the thing expropriated shall be based on the amount at which it appears as its fiscal value in the cadastral or tax-collecting offices, whether this value has been declared by the owner or simply tacitly accepted by him by having paid his taxes on that basis. Any excess of value or loss of value that the private property has experienced due to improvements or deterioration occurring after the date of the assignment of the fiscal value shall be the only matter subject to expert appraisal and judicial resolution. The same shall apply when dealing with objects whose value is not fixed in the revenue offices.

The exercise of the actions corresponding to the Nation, by virtue of the provisions of this article, shall be enforced through judicial proceedings; but within such proceedings, and by order of the corresponding courts, to be issued within a maximum period of one month, the administrative authorities shall proceed forthwith to the occupation, administration, auction or sale of the lands or waters in question and all their accessions, without what has been done by those authorities being revocable in any case before a final judgment (sentencia) is issued.

VII.The legal personality of the ejidal and communal population nuclei is recognized, and their property over the land is protected, both for human settlement and for productive activities.

The law shall protect the integrity of the lands of the Indigenous groups.

The law, taking into account respect for and strengthening of the community life of the ejidos and communities, shall protect the land for human settlement and shall regulate the use of lands, forests and waters of common use, as well as the provision of the development measures necessary to raise the standard of living of their inhabitants.

The law, with respect for the will of the ejidatarios and comuneros to adopt the conditions that best suit them in the use of their productive resources, shall regulate the exercise of the rights of the comuneros over the land and of each ejidatario over his parcel. Likewise, it shall establish the procedures by which ejidatarios and comuneros may associate among themselves, with the State or with third parties, and grant the use of their lands; and, in the case of ejidatarios, transfer their parcel rights among the members of the population nucleus; it shall likewise set forth the requirements and procedures under which the ejidal assembly shall grant the ejidatario dominion over his parcel. In the event of alienation of parcels, the right of preference provided for by law shall be respected.

Within the same population nucleus, no ejidatario may hold more land than the equivalent of 5% of the total ejidal lands. In any case, the ownership of land in favor of a single ejidatario shall conform to the limits indicated in section XV.

The general assembly is the supreme organ of the ejidal or communal population nucleus, with the organization and functions established by law. The ejidal commissariat, or that of communal property, elected democratically in the terms of the law, is the organ of representation of the nucleus and is responsible for executing the resolutions of the assembly.

The restitution of lands, forests and waters to the population nuclei shall be carried out in the terms of the regulatory law;

VIII.The following are declared null:

a)All alienations of lands, waters and woods belonging to the pueblos, rancherías, congregations or communities, made by political chiefs, Governors of the States, or any other local authority in contravention of the provisions of the Law of 25 June 1856 and other related laws and provisions;

b)All concessions, compositions or sales of lands, waters and woods made by the Ministries of Development (Secretaría de Fomento), Finance (Secretaría de Hacienda) or any other federal authority, from the first day of December 1876 to the present date, whereby the ejidos, lands of common distribution or any other class belonging to the pueblos, rancherías, congregations or communities, and population nuclei have been illegally invaded and occupied.

c)All survey or demarcation proceedings, transactions, alienations or auctions carried out during the period of time to which the preceding section refers, by companies, judges or other authorities of the States or of the Federation, whereby lands, waters and woods of the ejidos, lands of common distribution, or of any other class, belonging to population nuclei have been illegally invaded or occupied.

The only lands excepted from the foregoing nullity are those that have been granted title in the distributions made in accordance with the Law of June 25, 1856, and possessed in their own name under title of ownership for more than ten years, when their surface does not exceed fifty hectares.

IX.The division or distribution that has been made with an appearance of legitimacy among the residents of any population nucleus, and in which there has been error or defect, may be annulled when three quarters of the residents who are in possession of one quarter of the lands, subject matter of the division, so request, or one quarter of the same residents when they are in possession of three quarters of the lands.

X.(Repealed)

XI.(Repealed)

XII.(Repealed)

XIII.(Repealed)

XIV.(Repealed)

XV.In the United Mexican States large landed estates are prohibited.

Small agricultural property is considered to be that which does not exceed per individual one hundred hectares of irrigation or first-class moisture, or their equivalents in other classes of land.

For the purposes of equivalence, one hectare of irrigation shall be counted as two of seasonal land, as four of good-quality pasture land, and as eight of forest, woods or pasture land on arid terrain.

Likewise, the surface that does not exceed per individual one hundred fifty hectares shall be considered small property when the lands are devoted to the cultivation of cotton, if they receive irrigation; and of three hundred, when they are destined to the cultivation of banana, sugar cane, coffee, henequen, rubber, palm, vine, olive, quina, vanilla, cacao, agave, nopal or fruit trees.

Small livestock property is considered to be that which does not exceed per individual the surface necessary to maintain up to five hundred head of large livestock or their equivalent in small livestock, under the terms fixed by law, in accordance with the forage capacity of the lands.

When, as a result of irrigation, drainage or any other works carried out by the owners or holders of a small property, the quality of their lands has been improved, such land shall continue to be considered small property, even when, by virtue of the improvement obtained, the maximums set forth in this section are exceeded, provided that the requirements fixed by law are met.

When improvements are made to the lands of a small livestock property and these are destined to agricultural uses, the surface used for this purpose may not exceed, as the case may be, the limits to which the second and third paragraphs of this section refer that correspond to the quality that said lands had before the improvement;

XVI.(Repealed)

XVII.The Congress of the Union and the legislatures of the states, in their respective jurisdictions, shall issue laws establishing the procedures for the division and alienation of the extensions that come to exceed the limits indicated in sections IV and XV of this article.

The excess shall be divided and alienated by the owner within one year counted from the corresponding notification. If, upon expiry of that period, the excess has not been alienated, the sale shall be made by public auction. Under equal conditions, the right of preference provided for by the regulatory law shall be respected.

The local laws shall organize the family patrimony, determining the property that must constitute it, on the basis that it shall be inalienable and shall not be subject to attachment or to any lien;

XVIII.All contracts and concessions made by previous Governments since the year 1876 that have resulted in the monopolization of lands, waters and natural wealth of the Nation by a single person or company are declared subject to review, and the Executive of the Union is empowered to declare them null when they entail serious harm to the public interest.

XIX.Based on this Constitution, the State shall provide the measures for the expeditious and honest administration of agrarian justice, in order to guarantee legal certainty in the tenure of (sic DOF 03-02-1983) ejidal and communal land and of small property, and shall support legal counsel for peasants.

All questions concerning boundaries of ejidal and communal lands, whatever the origin of these, that are pending or that arise between two or more population nuclei are within federal jurisdiction; as well as those related to the land tenure of the ejidos and communities. For these purposes and, in general, for the administration of agrarian justice, the law shall institute courts endowed with autonomy and full jurisdiction, composed of magistrates proposed by the Federal Executive and appointed by the Senate or, during the recesses of the latter, by the Permanent Commission.

The law shall establish a body for the procuring of agrarian justice, and

XX.The State shall promote the conditions for rural, cultural, economic and health development, with the purpose of generating employment and guaranteeing the peasant population its well-being and its participation in and incorporation into national development, it shall encourage agricultural and forestry activity, traditional crops with native seeds, especially the milpa system, for the optimal use of land free of genetically modified corn crops, in the terms defined in Article 4, with infrastructure works, inputs, credits, training services, research, innovation, conservation of agrobiodiversity and technical assistance, strengthening national public institutions. Likewise, it shall issue the regulatory legislation to plan, organize and monitor agricultural production, its industrialization and commercialization, considering them of public interest.

The comprehensive and sustainable rural development referred to in the preceding paragraph shall also have among its purposes that the State guarantee the sufficient and timely supply of the basic foods established by law.

The State shall guarantee, in the terms established by law, the delivery of:

a)A secure, fair and permanent wage to peasants who cultivate their lands with fruit trees, timber trees and species that require being processed;

b)A direct annual support and free fertilizers to small-scale producers, and

c)A direct annual support to small-scale fishers.

The State shall maintain guarantee prices for corn, beans, milk, rice and bread-making or bakery wheat, in the terms of the applicable provisions.