In August 2024, several amendments were made to the Constitution of Mexico City, one of the most significant being the amendment to the article related to private property, specifically Article 3 of the Political Constitution of Mexico City. This amendment has generated a broad debate on its impact on citizens’ property.
The reform, published on August 2 of this year in the Official Gazette of Mexico City, was promoted by the head of the Government of Mexico City. The main purpose of this amendment is to align the city’s Constitution with the principles set forth in Article 27 of the Political Constitution of the United Mexican States.
The modification that has raised controversy consists of the wording of Article 3°, which sets forth the guiding principles of the Constitution of the City. The following is a comparison of the previous text and the reformed one:
Previous Text “…respect for private property,”
Amended Text “…respect for property in the same terms of Article 27 of the Political Constitution of the United Mexican States,…”.
This amendment has been interpreted by some as a measure to strengthen state control over certain assets and resources, while others see it as a threat to private property rights. However, we consider that this reform is intended to bring uniformity to the Law.
It must be remembered that Article 27 of the Constitution first established the original ownership of national lands and waters, as well as the power to transfer ownership, thus giving rise to private property. In this sense, the reform still contemplates private property, even though it does not explicitly mention it.
In this sense, we consider that the reform to the text of the local Constitution does not restrict or eliminate the right to private property, but rather subordinates it to the text regarding property established in the CPEUM. For the time being, we do not foresee that such reform represents a risk for the patrimony of citizens, as long as article 27 of the CPEUM is not reformed and maintains its current structure and content.
At Vega, Guerrero & Asociados we are at your disposal to advise you on any situation that this or any other reform to the Law may generate to your company. Likewise, we specialize in providing solutions through strategic litigation in Constitutional and Administrative matters before any act of authority.
