In terms of the Agrarian Law, ejidal lands are the property of the agrarian core, that is, of the ejido as a whole, and not of the ejidatario, settler, or possessor to whom a plot has been assigned. This concept of ownership seeks to preserve the social function of the land and protect the collective interests of agrarian communities. Article 9 of the Agrarian Law explicitly states that the owner of the ejidal lands is the agrarian core, which challenges the common perception that the plot belongs to the individual to whom it was assigned.
The agrarian core is, therefore, a collective entity that manages and administers ejidal lands for the benefit of all its members. This property model emerged as part of the post-revolutionary agrarian reform in Mexico, designed to redistribute the land equitably.
The Political Constitution of the United Mexican States and the Agrarian Law allow ejidal lands, once parcelled and assigned to an ejidatario, to be converted to private property through a process known as ""Dominio Pleno". This procedure requires the consent of the agrarian core and the ejidal assembly, which must meet with the special formalities established by law to authorize the transition of the plot to the private domain of the ejidatario.
For the conversion to "Dominio Pleno" to be effective, it is necessary for the ejidal assembly to approve the ejidatario's request, and this decision must be registered in the National Agrarian Registry. This registration is crucial as it grants legal validity to the process and ensures that the plot, previously under collective domain, can be officially recognized as the private property of the ejidatario.
The transition to "Dominio Pleno" implies that the ejidatario acquires full rights over the land, being able to dispose of it at their discretion, whether selling, leasing, or using it for development projects. This regime change not only transforms the nature of land tenure but also represents a significant increase in the ejidatario's assets.
One of the most notable aspects of the transfer of domain of an ejidal plot is the favorable tax treatment it receives. Neither the process of transition to "Dominio Pleno" nor the first alienation of the plot, once converted into private property, generates taxes for the ejidatario. This tax exemption is an important incentive that seeks to facilitate the conversion of ejidal lands to "Dominio Pleno", eliminating financial barriers that could discourage ejidatarios from formalizing the process.
This fiscal policy also recognizes the importance of allowing ejidatarios to retain the full value of their land, encouraging investment in its development and productive use. By eliminating taxes on the first transfer, the state promotes land mobility and facilitates its integration into the formal land market.
The change of domain of ejidal lands to "Dominio Pleno" offers several potential benefits for ejidatarios and their communities. Firstly, it provides ejidatarios with the legal security necessary to invest in their lands, knowing that their property rights are protected.
"Dominio Pleno" offers ejidatarios the possibility to use their lands as collateral for loans, facilitating access to credit and promoting investment in agricultural infrastructure and technology. This can result in increased agricultural production, better yields, and ultimately greater economic well-being for agrarian communities. However, the process of conversion to "Dominio Pleno" also presents significant challenges. The transition from social to private property can lead to land fragmentation and concentration, which could negatively affect the social cohesion and community identity of the ejidos.
The sale of lands by ejidatarios seeking immediate economic benefits could result in the loss of agricultural lands to large companies or individuals with different interests. Moreover, the change in land tenure can affect biodiversity and the sustainability of rural ecosystems, as land use may change to adapt to new economic pressures. It is important that the process of conversion to "Dominio Pleno" is managed carefully to minimize these impacts and ensure that the benefits are distributed equitably among community members.
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