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OVERVIEW OF RIGHTS OF WAY IN MEXICO AND LATIN AMERICA:
Presented by
Guillermo Manning
Carlos Sandoval
Jesús Sandoval
IntroductionIn this session we will review several concepts that affect the process of right of way
acquisition. These concepts are the result of the Mexican normativity and legislation.
First we will review the principles of ownership, since there are some players in Mexico
that are unique.
As second point we will review the kinds of real estate derived from legislation and also
the different types of public registers.
Next we will review the basic legal frame involved in right of way.
Afterwards we will review the acquisition process and we will see the different modes to
acquire land for a right of way project.
Some statistics of the major players of the right of way are presented, and finally the
dynamic of the process is reviewed focusing communities, ownership and negotiation
issues.
Principles of ownership The principles of ownership contained in the Mexican Constitution are:
1) Ownership corresponded originally to the Nation (the State), which has
transferred this to individuals.
2) The Nation can regulate real estate as dictated by public interest.
3) The Nation is directly responsible for the natural resources of the subsoil
(mines, petroleum, gas, nuclear energy), waters (sea, lakes, rivers), which
cannot be transferred to individuals. These resources can be exploited under
concession.
Principles of ownership 4) Concessions are granted both to Mexicans, and to the foreigners who pact with the Mexican
Government to be considered as Mexicans for this purpose and not to invoke the protection of their
Governments.
5) Foreigners cannot acquire the direct ownership of real estate within an area of 100 kilometers
along the borders with neighboring countries, or 50 kilometers along the coast (restricted areas).
– Modifications to de Foreign investment law states that with the pact corporations could own
within the restricted area to develop industrial, residential and commercial areas.
6) Agrarian property (rural or country properties) consists of various categories; lots of common land
or communal property granted to common land holders or communities, which cannot be negotiated
or belong to individuals. The existence of privately-owned agricultural smallholdings is also
recognized.
Kinds of real estateIn addition to the principles on ownership laid down in the Constitution, the
National Assets Law and Civil Codes mention the existence of two kinds of
property: that of public dominion and that held by individuals.
1) Property of public dominion is that corresponding to the Federation, States
and Municipalities, and to special laws.
2) Property of public dominion can also be: property in common use which can
be utilized by anyone (such as, for instance, air space, territorial waters,
beaches, ports, roads, bridges or monuments).
Kinds of real estate3) Public dominion property cannot belong to individuals (nor can it be transferred or
prescribed, meaning that it cannot be transmitted or acquired by prescription). In order for
someone outside the Federation to acquire public dominion property (such as property
destined for public service or unencumbered property), such property must be released
from public dominion by means of a disincorporation ruling issued by the President of the
Republic.
4) Agrarian common land nor communal property (which cannot be transferred or
prescribed).
5) Privately-owned property consists of everything not of public dominion (of the
Federation, States or Municipalities), nor agrarian common land nor communal property
(which cannot be transferred or prescribed). This privately-owned property forms the
subject matter of private operations, and is governed under the Civil Codes of each of the
States.
Public RegistersThe ownership of real estate is entered in sundry Public Registers, depending
on the type of property in question. These Registers are public, and serve to
make know the action taken in connection with real estate.
For example, the following Registers exist:
1) The Public Register for Property carried in each State of the Mexican
Republic (and at times in certain Municipalities), which records the properties
belonging to individuals. Entered here are the details of the property, such as
location, surface area and boundaries and the name of the owner, the action
under which ownership was acquired (purchase/sale, inheritance), mortgages
or seizures in force over the property and any limitations which may exist in the
dominion (for example, a right of way).
Public Registers2) The National Agrarian Register is where the documents recording property
operations, amendments and rights over common lands and community lands
are contained, together with legal or official resolutions which recognize, create,
amend of terminate common land or communal land rights and the guaranties
conferred over agrarian property.
3) The Federal Public Property Register records the titles of ownership and
possession of properties belonging to the Federal Government, together with
the decrees incorporating or releasing certain properties from public dominion.
Other Registers4) Special registers exist for other types of property (assets), such as the
National Public Maritime Register, which lists the matriculations of Mexican
naval vessels and artifacts; the Mexican Aeronautical Register, which records
the documents by means of which Mexican civil aircraft are acquired,
transferred or encumbered and the matriculation certificates: the Industrial
Property Institute in which patents, trademarks and trade names are entered;
and the Public Copyright Register, for recording copyrights.
5) There are also Registers of Persons, such as the Merchants' Register (not
very common), and the register for associations and corporations. The Public
Register for Commerce lists business associations (the most common being
the stock company). The most important information regarding corporations is
noted, such as name, domicile, purpose and by whom it is represented.
Right of way: normative frameThe legal frame for the Right of way is conformed by the following laws:
Constitución Política de los Estados Unidos Mexicanos
Artículos 25, 27, 73, 115, 121
Ley del Equilibrio Ecológico y Protección al Ambiente
General de Aguas Nacionales
Ley de Desarrollo Sustentable
Artículos 2, 3, 6, 9, 13
Ley Federal de las Paraestatales
Artículos 1, 11, 46, 58
Ley de la Comisión Reguladora de Energía
Ley General de Desarrollo Forestal Sustentable
Ley Orgánica de Petróleos Mexicanos y Organismos Subsidiarios.
Ley General para la Prevención y Gestión Integral de los Residuos
Ley del Servicio de Energía Eléctrica
NORMAS OFICIALES MEXICANAS
Ley General para la Prevención y Gestión Integral de los Residuos
Código Penal Federal.Códigos civiles federal y estatales
Programa Nacional de Medio Ambiente
Plan Nacional de Desarrollo.
Right of way: normative frame (Cont.)
Comparative normativity:Concept Main law for R/W Exploitation regime
Participation in profits of land owners
Mexico Regulatory law of Article 27 Exclusive for the SateNone. They´ve got a
unique payment
Venezuela Organic law of hydrocarbonsMay be transferred by state to
particular. The states charges rights equivalent to 30% as royalties
Long term rent contract; considered as an
associated
US Organic Law of energy Dept.
The State regulates and promotes the interstate commerce of oil.
Government awards concessions to particulars to exploit oil and charges
rights as royalties
Long term rent contract; considered as an
associated
Norway Proposal Nr 43 for energy actsState awards concessions to
particulars to exploit oil and charges rights as royalties
Long term rent contract; considered as an
associated
Arab Emirates
Supreme Council of Petroleum
Council issues rules so that private companies can have the right to
explore an exploit hydrocarbons and charges rights as royalties
Long term rent contract; considered as an
associated
Article 27 This article states that the property of all land and water within national territory
is originally owned by the Nation, who has the right to transfer this ownership to
particulars. Hence, private property is a privilege created by the Nation.
Expropriations may only be made when there is a public utility cause.
The State will always have the right to impose on private property constraints
dictated by "public interest". The State will also regulate the exploitation of
natural resources based on social benefits and the equal distribution of wealth.
The state is also responsible for conservation and ecological considerations.
All natural resources in national territory are property of the nation, and private
exploitation may only be carried out through concessions.
Acquisition of land for right of way
The constitution of a right of way involves:
• Acquisition of lots
• …from several owners
• …different uses
To develop an specific type of infrastructure
Ways of acquisition
• Easements
• Superficial occupation
• Buy
• Expropriation
Superficial occupation
• Permanent installations of infrastructure built on or
under surface of land
• Defined time length agreed with the owner. In case
of social land the time can not be longer than 30
years.
• Does not allow the use of the land by the owner.
• Ownership is not transferred.
Buy
• Normal buy-sell operation
• Mainly used for roads deployment
Expropriation (condemnation)Expropriation in Mexico is ruled by two laws::
• Article 27 of the Mexican Constitution
• Expropriation Law
This legal frame is applicable to every expropriation, regardless the end use of
the Expropriated good nor the type of ownership, including private and social
owned land (Ejidos)
The following chart shows some of the important differences found between
private and social owned land:
Expropriation
CONCEPT SOCIAL LAND PRIVATE PROPERTY
PetitionerSecretaría de la Reforma Agraria,
as requested by interested institution
Ministry of the interested institution
NegotiationLeaders or representatives of the
communityOne to one
Options other than expropriation
Only in case the land has been converted into private. The first sale
is still considered as social landBuy
Main requirement for the technical file for condemnation
To probe that all negotiation instances were used.
To probe that the lot is specifically ideal for the proposed usage and to
public service.
To probe that all negotiation instances were used.
To probe that the lot is specifically ideal for the proposed usage and to public service.
Expropriation
CONCEPT SOCIAL LAND PRIVATE PROPERTY
Most common source of inconformity
Value of the land Value of the land
Most common source of attack to the process
Value of the landSuitability
Value of the land
Usual time length to get the public usefulness
decreeOne year One – three years
Usual time length if a writ of amparo is held
two – five additional years two – five additional years
Most common inconformity when the
expropriation is executedPayment terms Payment terms
Public usefulness declarationIn order to start an expropriation process there should be a public
usefulness declaration.
• This declaration must follow the steps shown in the chart below:• Application together with technical report and project affectations
report. It must describe every single lot
• Public information (20 days for allegations)
• Allegations (15 days for applicant to accept or rebate)
• Reports to other public organisms (20 days report, 15 days to rebate report and 15 days to respond rebates
• Resolution: about 6 months after application
• Administrative and Contentious resources
RIGHT OF WAY ACQUISITION PROCESS
PROPERTY RECORDS RESEARCH
EJIDO REVIEW OF OWNERSHIP STATUS
LAND USAGE PERMITS
ENVIRONMENTAL IMPACT ASSESSMENT
MASTER APPRAISAL
COST – BENEFIT STUDY
EXECUTIVE PROJECT
PRELIMINARY PROJECTS AND SITE
SELECTION
BUDGET NEGOTIATION
NEGOTIATION FIRST ROUND
OPPORTUNITY VALUE
NEGOTIATION 2ND ROUND
ACQUISITION OF RIGHT OF WAY
ACCEPTEDNO ACCEPTED
ACCEPTED
COMISION FEDERAL DE ELECTRICIDAD (CFE)
The CFE electricity
transmission and
distribution network is
formed by more than
770.4 thousands of
kilometers for different
powers:
PEMEX
Petróleos Mexicanos (trademarked and better known as Pemex,
Mexican Petroleum) is the Mexican state-owned petroleum company.
Its operation is done throughout four subsidiaries:
• Pemex Exploración y Producción –PEP-(exploration and
production)
• Pemex Refinación (Oil Refinery)
• Pemex Gas y Petroquímica Básica (Gas and basic petro chemistry)
• Pemex Petroquímica (Petro chemicals)
PEP
Their main activities are oil and natural gas exploration and
exploitation; conveyance, storage in terminals and first
hand commercialization; these are carried out daily in four
geographic regions comprising the total Mexican territory:
North, South, Northeast Offshore and Southeast Offshore.
Worldwide speaking PEP has the third place on crude
production, the first in offshore hydrocarbons production,
the ninth in crude reserves and the twelfth in incomes.
PEP infrastructure
Pemex Refinación
Pemex Refinación (Pemex-Refining) is a
Pemex's subsidiary which processes,
transports and markets a wide range of
products derived from crude oil, including
gasoline, jet fuel, diesel, fuel oil, asphalts,
LPG, lubricants and other refined oil products.
Pemex Refinación infrastructure
Pemex Gas y Petroquímica Básica
Pemex Gas y Petroquímica Básica (Pemex) is
Pemex’s subsidiary which processes, transports and
commercializes natural gas, liquid hydrocarbons (such
as liquefied petroleum gas or LPG) and basic
petrochemical products, such as ethane, natural
gasoline and sulphur. Likewise, Pemex Gas offers its
industrial clients several services, among them the
hedge prices of natural gas.
Pemex Gas infrastructure
Pemex Petroquimica
PEMEX Petrochemicals, produces, commercializes, and
distributes High, and Low Lineal Density Polyethylene, Ethylene
Oxide, Glycol, Vinyl Chloride, Ethylene, Ammonia, Methanol,
Styrene, Benzene, Toluene, Xylem, Para xylene, Propylene,
Orthoxylene and Acrylonitrile to satisfy the demand in the
national market and a part of the international market. Their main
activity are petrochemical non basic processes, derived from the
first transformation of PEMEX Natural Gas, Methane, Propane
and Naphtha
Pemex Petrochemicals infrastructure
Ducts infrastructureThe overall length of ducts amounts to more than 41 thousand
kilometers, having Refining and Gas almost 70% of it.
SUBSIDIARY TYPE LENGTH (km)PEMEX EXPLORACIÓN Y PRODUCCIÓN
OIL 4,852GAS 7,656
PEMEX REFINACIÓN OIL 5,213POLY DUCT 8,958
PEMEX GAS GAS 10,307PRODUCTS 3,659
PEMEX PETROQUÍMICA 742TOTAL 41,387
SECRETARÍA DE COMUNICACIONES Y TRANSPORTES
The Ministry of Communications and
Transportation (SCT) is in charge of highway
infrastructure, transportation (road, aerial,
maritime, train) and communications.
Road infrastructure
CONAGUA (NATIONAL WATER COMMISSION)
Water in Mexico is considered a national asset. Water
administration corresponds to the President of Mexico, who
delegates it to the National Water Commission. The National Water
Commission (CONAGUA) is an administrative, normative,
technical, consultative and decentralized agency of the Ministry of
the Environment and Natural in charge of:
a) Administration of the National Waters.
b) Management and control of the hydrologic system.
c) Promotion of social development in water related issues.
MAIN AQUEDUCTS BY HYDROLOGIC REGION
NO AQUEDUCT HYDROLOGIC REGION LENGTH (KM)
CAPACITY (L/S)
YEAR OF COMMISSION
ING SUPPLIES TO
1 Río Colorado-Tijuana
I Península de Baja California 130 4,000 1982 Ciudades de Tijuana y Tecate y al poblado La
Rumorosa en Baja California.
2 Vizcaíno-Pacífico Norte
I Península de Baja California 206 62 1990
Localidades de Bahía Asunción, Bahía Tortugas y poblados pesqueros de Punta
Abreojos en Baja California.
3 SistemaCutzamala IV Balsas 162 19,000 1993
La Zona Metropolitana de la Ciudad de México con agua de las presas Valle de Bravo,
Villa Victoria y El Bosque, entre otras.
4 SistemaCutzamala
XIII Aguas del Valle de México 162 19,000 1993
La Zona Metropolitana de la Ciudad de México con agua de las presas Valle de Bravo,
Villa Victoria y El Bosque, entre otras.
5 LinaresMonterrey VI Río Bravo 133 5,000 1984
Al área Metropolitana de la ciudad de Monterrey, N.L., con agua de la presa Cerro
Prieto.
6 El Cuchillo-Monterrey VI Río Bravo 91 5,000 1994
Al área metropolitana de la ciudad de Monterrey con agua proveniente de la presa
el Cuchillo.
Aqueducts length accounts for more than 3 thousand kilometers with an overall capacity
of more than 112 cubic meters per second. Main aqueducts and their lengths are:
MAIN AQUEDUCTS BY HYDROLOGIC REGION
NO AQUEDUCT HYDROLOGIC REGION LENGTH (KM)
CAPACITY (L/S)
YEAR OF COMMISSIONING SUPPLIES TO
7 Lerma VIII Lerma Santiago Pacífico 60 14,000 1975 Ciudad de México con agua de los acuíferos
localizados en la zona alta del Río Lerma.
8 Lerma XIII Aguas del Valle de México 60 14,000 1975 Ciudad de México con agua de los acuíferos
localizados en la zona alta del Río Lerma.9 Armería-
ManzanilloVIII Lerma Santiago Pacífico
50 250 1987 Ciudad de Manzanillo, Colima.
10 Chapala-Guadalajara
VIII Lerma Santiago Pacífico
42 7,500 1991 La zona metropolitana de la ciudad de Guadalajara con agua del Lago de Chapala.
11 Presa VicenteGuerrero-
Ciudad Victoria
IX Golfo Norte 54 1,000 1992 Ciudad Victoria, Tamaulipas con agua proveniente de la presa Vicente Guerrero.
12 Uxpanapa-La Cangrejera
X Golfo Centro 40 20,000 1985 22 industrias ubicadas en la parte sur del estado de Veracruz.
13 Yurivia-Coatzacoalcos y
Minatitlán
X Golfo Centro 64 2,000 1987 Ciudades de Coatzacoalcos y Minatitlán, Ver. con agua del Río Ocotal y Tizizapa.
14 Río Huitzilapan-Xalapa
X Golfo Centro 55 1,000 2000 Ciudad de Xalapa de Enríquez, Ver.
15 Chicbul-Ciudaddel Carmen
XII Península de Yucatán
122 390 1975 Localidades de Sabancuy, Isla Aguada y Ciudad del Carmen, Campeche.
16 Conejos-Médanos VI Río Bravo 25 1,000 2009 Ciudad Juárez, Chih.
Dynamic of right of way
To understand the challenges associated to the acquisition
of right of way in Latin America first of all it is necessary to
recognize that the idiosyncrasy is determined by huge
social, economic, cultural and normativity diversities
Some statistics of the region are:
• Life expectance 57.2 to 81.1 years
• Mortality index: 4.2 to 9.1 / 1000
• Hospital beds: 0.7% to 8.4%
• Illiteracy index: 1.6% to 43% (Population with 15 years or more)
• Education expenses (% GDP): 1% to 9.8%
• Electric power consumption / inhabitant: 82 to 4,558 kw/h
Dynamic of right of way
Main players
Currently the main players are still the
government ministries and institutions, being
private investment mainly in projects for
roads and gas.
Main players
In terms of kind of land acquisition the
projects are:Type of project Buy Expropriation Superficial
ocupation Easements Usufruct
Roads X X
Electricity X X X X X
Oil and gas X X X X X
Water X X X X X
Other playersStarting in 1995 private investment is permitted for
projects involving right of way. Among them it are
worth mentioning:Sector Type of projects # of concessions
ElectricityGeneration for self consumption, renewable energy
More than 500
Gas and basic petrochemicals
Transport, storage and distribution of gas and petrochemicals
27 for transport
WaterAqueducts; currently two important projects on going. One in Jalisco awarded to Abengoa, a spaniel corporation and one in Veracruz.
2
Oil, oil derivativesOutsourcing contracts for the construction of ducts; ROW design, engineering by Pemex.
1
• Legislations at different stages.
• Legislations with different levels of actualization.
• Disperse or no systemized legislation.
• Legislative multiplicity at different levels of
government: federal, state, municipality.
• Susceptible to political influences.
Dynamic of right of way
Communities• Communities do not trust authorities nor companies.
• Information regarding ducts are scarce and previous bad experiences with similar projects.
• Negotiation process with frequent delays and unachieved. Payments were not fulfilled.
• Concern about safety of the community for the duct and potential accidents.
• Perception of big impact to community life and structure versus scarce direct benefits; this results in demands of better compensations.
• Politicization of projects resulting in significant community division (pro and against the project)
• Geographic disperse communities and towns
Communities
• Activism is present in projects
Ownership
• Excessive division of land. Too many owners and
negotiations.
• Land tenure frequently associated to a social justice sense.
• Frequent cases of irregular occupation of land, including
invading, irregular possession, judicial embargoes, etcetera.
• Lack of legislation and special judicial procedures to warrant
implementation of agreements and judicial resolutions.
• External activism.
Negotiation
To analyze the negotiation process it is very
important to highlight the fact that up-to-date it is a
very asymmetric practice, since the owners of the
land area are mostly passive players who are
affected by other decisions, being social activism a
resource to be considered by them.
NegotiationOnce the fact that their land is going to be a right of way for a project is
accepted, it comes out the issue of the value that is offered to them.
The normativity issued by the National Institute for Administration and
Appraisals for National Goods, Indaabin, states that the appraisal must
consider the soil usage considering the parcel as it is before the infrastructure
project, but it also states that the appraisal must consider the highest and best
use. These two statements might be the clue to understand the source of so
many conflicts derived from the land value in negotiations.
A possible source of conflicts in expropriation processes is that Indaabin is the
only institution that can issue appraisals, what might be considered a interest
conflict, since this institute is part of the Federal Government.
NegotiationHere we consider worth explaining a very important difference between
the Mexico procedures for acquisition of right of way and those from the
US:
• Right of way include only the land that will be conforming the right of
way, this means that there are no excess properties that should be
resold.
As a result of this criteria the parcels end somehow mutilated and
with limitations to be exploited with the usual business.
This consideration is true for all of the acquisition alternatives
mentioned above.
NegotiationROW acquisition operations are quiet the same than those in other countries,
but there are differences that are worth highlighting:
• During negotiations there are important players that are very focused
community negotiations known as lobbyist, who are in charge of specific
research in the target area to identify conflictive communities, on going
judicial procedures, political trends in the municipalities in the track.
• Contracts, administrative permits, legal critical path are very specific as
result of the huge differences in normativity requires law consulting services
that are highly specialized
HISTORY CASES INFRASTRUCTURE PROJECTS
IN MEXICO
IRWA Conference, June 23rd/25th,
La Yesca Dam
La Yesca is one of the largest dams in Latin-America and it is part of
Hydroelectrical National system
“La Yesca”
Localization
Land acquisitionNegotiations were conducted on a one-on-one basis. When the acquisition were in
xxx % there was an stagnation in negotiations mainly due budget exhaustion and
both sides expectations: according to master appraisal CFE was paying too high
and the owners thought that they were not being paid on a fair basis.
We want to highlight the negotiating position of owners, since the negotiations were
for buying their land they felt no need to sell having as result rising of expectations
of value.
Analysis of alternatives.Bringing into the analysis the owners negotiating position, the importance of those
specific parcels for the project (they were the land for the dam’s arch) several
alternatives were considered assessing social, economical and political impacts, as
well as threats for the projects to evaluate the advisability of an opportunity value
payment.
Next char shows the different options that were analyzed. These options result from
the normativity accepted by CFE
Cu
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up
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ine
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teri
or
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n p
olí
tic
a y
so
ci a
l
Co
st
o e
sti
ma
do
Propietario no
acepta oferta
CFE
Continuar con
adquisiciónExpropiación
Pago de
Valor de oportunidad
Cambiar de sitio
Direct cost of project commissioning on timeLosses due to delay in commissioning and selling electricity are obviously increased directly
related to project delay. Next charts show annual losses and also the amount that should be
paid if any option is selected:
CONCEPT AMOUNT UNITSUnitary price (Kw-h) 953.27 $/KWh
Installed capacity at projects end 750.0 MW
Billable operating hours 5,922.07 hoursBillable capacity 4,441,553.24 MWh
Billable amount 4,234.0 Millons Pesos
Other expenses (/factor) (As % of overall sales)
Direct cost and expenses (operation)
Operation 3,181.1 75.1%Depreciation 451.5 10.7%
Administrative expenses 93.7 2.2%
Total 3,726.4 88.0%
Benefit 507.7 12.0%
Annual cost(millions pesos)
Years Amount
Opportunity value payment 507.7 0 0.0
Expropriation 507.7 2 1,015.4
Change the site 507.7 3 1,523.1
Patrimonial damage to CFEDamages to CFE patrimony estimated assuming that several parts of the project should be remade.
Next chart summarizes these costs:
ConceptTotal Estudios
sociales y ambientales
Costo de ingeniería
Proceso de licitación Costo Total
Pago de Valor de oportunidad - - - -
Expropiación - - 15,000,000 15,000,000
Cambio de sitio 26,875,500 107,216,000 15,000,000 149,091,500
DelayIn any option in which a delay in project execution the possibility exists that negotiations are
longer and that owners pretensions become higher:
Opportunity Value amount Land value 22,228,241.90
Other goods than land 8,786,927.30
Total: 31,015,169.20Asked by owners 54,100,000.00
Opportunity value: 23,084,830.80
LOSSES DUE TO DELAY IN
SALES PATROMONY DAMAGE TO CFE TOTAL
(millions pesos) (millions pesos) (millions pesos)
Opportuniy value 0 0 23.1
Expropriation 1,015.40 15 1,030.4
Change the site 1,523.10 149.1 1,672.2
La Yesca Damp.
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stim
ado
Propietario noacepta oferta
CFE
Continuar conadquisición
Expropiación
Pago de Valor de oportunidad
Cambiar de sitio
International Mexico City Airport, AICM.
April 2001 newspapers in Mexico City published the decision to build a new airport for Mexico
City in the area where it used to be the Texcoco Lake. Overall area is 5,500 ha (11,000 acres)
form which two thousand would be for the airport and the rest for remediation and ecological
protection areas. The investment was estimated in 3 thousand millon dollars.
This project was affecting 15 ejidos in the municipalities of Texcoco and San Salvador Atenco
in the State of Mexico and 4 thousand ejidatarios that owned that land and 2 thousand
possessors of land considered to be non-urbanizable. The land was for agricultural uses,
being 900 has irrigated.
AICM.
AICM.
TEXCOCO
ATENCO
CHIMALHUACÁN
AICM.
NUCLEO AGRARIO
NUMERO DE EJIDATARIOS
RECONOCIDOS EN ADATE-PROCEDE
NUMERO DE POSESIONARIOS EN LA
ADATE-PROCEDE
SUPERFICIE PROMEDIO POR EJIDATARIO Y
POSESIONARIO (HA.)(1)
SAN FRANCISCO ACUEXCOMAC 329 0 0.83
COL. FRANCISCO I MADERO 111 120 1.47
SAN LUIS HUEXOTLA 195 7 1.21
SAN CRISTOBAL NEXQUIPAYAC 350 51 2.31
SAN BERNARDINO 210 0 1.73
SANTA ISABEL IXTAPAN 330 303 2.54
SAN MARTIN NEZAHUALCOYOLT 73 5 3.69
TOCUILA Y SUS BARRIOS 499 0 1.76
SAN SALVADOR ATENCO 489 619 1.12
SANTIAGO CUAUTLALPAN 210 0 1.39
S. FELIPE Y STA. CRUZ DE ABAJO (2) 140 N.D. 3.01
SANTA MARIA CHIMALHUACAN 650 871 0.83
LA MAGDALENA PANOAYA 373 119 0.81
TOTALES 3,959 2,095
AICM.AGRICULTURAL STATUS
* Agricultural use land, some of it with scarce vegetation.
* Flat topography, with water levels that allow litlle lagoons with plants which tolerate excess
of water.
* Scarce vegetation areas formed by grass somehow resitent to salinity.
* Land unuseful for rain irrigated agriculture because of low yields.
THESE LANDS ARE UNUSEFUL FOR AGRICULTURE AND ARE VERY LIMITED FOR
CATTLE BREEDING
AICM.October 2002 the governmental institution in charge of appraisals (CABIN) issued and
appraisal to estimated the amount of payments starting from a commercial agricultural value
of 7.2$/m2 for rain irrigated land and 25$/m2 for irrigated land, even though ate the
peripheries of the Texcoco Lake there was offer of land for residential uses in the range of
15.00- 50.00 $/m2.
In terms of land acquisition impact in the whole project it represented 2% of the investment,
and if the expectations of ejida land owners were flfilled it had been 8%.
AICM.When expropriation decrees were published it was formed and organization opposing to it. It
was named “Movimiento en Defensa de la Tierra”- land defense movilization, als known as
“los Macheteros de Atenco” – Atenco´s machete men. This group made front with some
violence to the government of the State of Mexico.
The following days there were statements from different government offices and levels
taking hands off the conflict. Some days after, the Minister of Agrarian Reform stated that
low prices estimated were issued by CABIN, whose president stated that they were qualified
by law to estimate the value, but it corresponded to the Government Ministry to conclude
with the price.
Two days later the project was cancelled , but it is still undecided where the new airport is
going to be.
Conclusions
• Acquisition of right of way is considered to be a very
important milestone in the development of a project.
• The planning of the projects must consider the
social factor as a very important issue.
• Work with communities at the early stages of the
project is advised
Conclusions• The value of the land is the most common source of conflicts
during negotiation, since owners suffer different affectations:
– They must sell in a compulsory way part of their parcel.
– The rest of the parcel is mutilated and the usual activities must be
adjusted.
– The value usually does not reflex the new situation of the property
that would be the usage as part of the right of way.
– Owners are always an affected part which is out of the business
and not and associated with whom right of way operators make
• There is an importan opportunity in the
ROW industry, since the rules changing
now allow private investors to take part of
the industry.
Contact:
Guillermo Manning: [email protected])
Carlos Sandoval Miranda [email protected]
Jesus Sandoval Sevilla: [email protected]