Batres Alters Property Law in CDMX

**Batres Aligns Mexico City’s Constitution with National Law** Martí Batres replaces “respect for private property” with measures in sync with Article 27, enhancing public interest protection in Mexico City.

**Primary Article:**

**Batres Eliminates “Respect for Private Property” Principle in Mexico City’s Constitution, Claims Alignment with National Law**

On September 2, 2024, Martí Batres Guadarrama, the Head of Government of Mexico City, announced a significant decree published in the Official Gazette of the capital. This decree reforms subsection a, numeral 2, of Article 3 of the local Constitution, superseding the principle of “respect for private property” with provisions to align with Article 27 of the Federal Constitution.

During a presentation at the historic Ayuntamiento building, Batres explained that this reform aims to safeguard private, public, and social property in Mexico City. He emphasized that these changes intend to create a foundation for fair and harmonious development, prioritizing public interest over individual interests in the capital.

“There was a risk of the current judiciary interpreting our local constitutional norms in favor of powerful economic groups, neglecting Article 27 of the Federal Constitution,” Batres said. “By this reform, we made it unequivocally clear that property matters in Mexico City should align with Article 27 of our Federal Constitution,” he added.

The amendment to Article 3 modifies its language to recognize Mexico City’s control over its public domain, communal, and private properties. Previously, the local Constitution prioritized “respect for private property,” but now it reflects the broader principles of national ownership and public interest as delineated in Article 27 of the Mexican Constitution.

Pablo Gómez Álvarez from the Financial Intelligence Unit supported this reform, citing contradictions in the previous Constitution, which dated back to a 2017 document heavily influenced by neoliberal thought. Batres criticized this previous version for reflecting an outdated perspective, prioritizing private interests over national or public welfare.

Batres expressed gratitude to the recently formed Third Legislature of Mexico City’s Congress for approving the decree. He also urged the prompt establishment of relevant committees to accommodate further legislative reforms anticipated throughout the remainder of September 2024.

Martí Batres shared his views on social media, articulating that this reform restores the principles enshrined in Article 27 of the Federal Constitution. This article asserts the nation’s original ownership of land and resources and emphasizes the social benefit over private ownership.

In conclusion, the reform poses tighter controls preventing the judiciary from favoring economic elites in property-related matters, ultimately reinforcing a legal framework more aligned with public and social interests.

**Secondary Article:**

**Mexico City Government Reforms Constitution Amid Legal and Social Backdrop**

The recent constitutional reform spearheaded by Martí Batres has stirred significant discussion nationwide. Further inquiries into the matter reveal various perspectives and potential implications of this sweeping change.

Legal experts argue that aligning Mexico City’s Constitution with Article 27 of the Federal Constitution could limit speculative real estate development, ensuring more equitable resource distribution. However, there is concern over its potential to deter foreign investment, critical for urban development and economic growth.

Social activists have shown mixed reactions. Some praise the tilt towards public and social welfare, reflecting greater inclusivity, while others worry about the robustness of property rights now primarily dictated by national interests.

Contributions from various local leaders have also surfaced. Martha Soledad Ávila Ventura, President of Mexico City’s Congress, lauded the initiative as a significant step towards embedding social justice into legal frameworks. Conversely, some opposition figures criticize the reform, labeling it as a move to centralize power excessively and undermine local governance autonomy.

As the debates unfold, the real impact of these constitutional changes will likely become clearer, influencing both the legal landscape and public sentiment in Mexico City. Meanwhile, Batres continues to champion the reform as a necessary correction to years of neoliberal policies, pledging further initiatives to ensure alignment with broader national interests.