Article 27: Land Reform in the Constitution
I believe, gentlemen, that this Constitutional Congress would not duly finish its work if it did not complete the work related to laying the foundation to definitively secure the agrarian question in the Mexican Republic.
C. Magallón in Discusión del Artículo 27 Constitucional (Agrario).
Carranza became the de facto leader of Mexico in 1914, but he was continuously fighting with radicals like Villa and Zapata and reactionaries to maintain his power. Wanting to solidify the Constitutionalist position into law, the constitutional convention of 1916-17 at Queretaro was packed with fellow constitutionalists as delegates. However, the delegates were more radical than Carranza expected and progressive agrarian reforms made the final draft of the constitution. The new constitution was ratified on February 5, 1917.
Constitutional Congress pleges allegiance to the Constitution of 1917. Wikimedia.
The 1917 Constitution completely replaced its 1857 predecessor. Significant changes were made to Article 27, which referred to the land rights in both documents.
Below: 1917 Constitution of Mexico
During the next constitutional term, the Congress and the State Legislatures shall enact laws within their respective jurisdictions for the purpose of carrying out the division of large landed estates subject to the following conditions:
(a)--In each State and Territory there shall be fixed the maximum area of land which any one individual or legally organized corporation may own.
(b)--The excess of the area fixed shall be subdivided by the owner...
(c)--If the owner shall refuse to make the subdivision, this shall be carried out by the local government, by means of expropriation proceedings.
The 1917 Constitution promised to redistribute lands back to the people of Mexico, setting up a legal framework for subsequent agrarian reforms.
All contracts and concessions made by former governments from and after the year 1876 which shall have resulted in the monopoly of lands, waters and natural resources of the Nation by a single individual or corporation, are declared subject to revision, and the Executive is authroized to declare those null and void which seriously prejudice the public interest.
Above: 1917 Constitution of Mexico
The 1917 Constitution also promised to undo the land consolidation of the Porfiriato.
Art. 27. Private property shall not be taken without the consent of the owner, except for reasons of public utility, indemnification having been made. The law shall determine the authority to make the expropriation and the conditions on which it shall be carried out. No religious corporations and institutions...shall have legal capacity to acquire title to, or administer, real property, other than the buildings immediately and directly destined to the services or purposes of the said corporations and institutions...Civil corporations and institutions not comprised within the above provision, may acquire and administer, in addition to the buildings mentioned, real property and loans made on such real property required for their maintenance and purposes, subject to the requisites and limitations to be established by the Federal law to be enacted by the Congress on the subject.
Above: 1857 Constitution of Mexico
The ownership of lands and waters within the limits of the national territory is vested originally in the Nation, which has had and has the right to transmit title thereof to private persons, thereby constituting private property...The Nation shall have at all times the right to impose on private property such limitations as the public interest may demand as well as the right to regulate the development of natural resources...
Above: 1917 Constitution of Mexico
The 1857 Constitution was extremely supportive of the right to own private property. No restrictions on the ownership of land were placed on Mexican corporations or individuals (except for religious institutions).
Only Mexicans by birth or naturalization and Mexican companies have the right to acquire ownership in lands, water and their appurtenaces, or to obtain concessions to develop mines, water or mineral fuels in the Republic of Mexico. The Nation may grant the same right to foreigners, provided they agree to be considered Mexicans in respect to such property...
Above: 1917 Constitution of Mexico
The 1917 constitution placed greater restrictions on land ownership, restricting foreigners from owning land unless they submitted to stringent regulations.