The recent passage of the so-called “Alito Law” in Campeche, promoted and voted for by Morena legislators, has sparked intense debate about its implications for landowners in the region, especially in expropriation proceedings.
This law was passed on September 4 by the State Congress after approving a reform to the Law of Expropriations and Limitations on Property Rights (now known as the “Alito Law”), with 18 votes in favor and 13 against.
This change allows the state government to declare land as of public use, which has raised concerns among the population and opposition legislators, who believe it violates fundamental rights linked to private property.
What is the “Alito Law” and why was it passed in Campeche?
The Alito Law was promoted by Campeche Governor Layda Sansores with the goal of modernizing legislation that has been in effect since 1981. According to the state government, the law seeks to align local regulations with federal criteria and address needs related to infrastructure, social housing, and urban growth.
The expropriation process under the Alito Law allows the Ministry of the Interior to declare private land as of public utility. This means that land deemed necessary for the construction of infrastructure projects, hospitals, parks, gardens, and other projects may be expropriated.
Affected landowners will only have five business days to respond to the initial expropriation notice. Failure to do so could result in the loss of legal ownership of their land.
One of the main points of controversy is that the law eliminates the possibility of filing administrative appeals, leaving the only defense option being an amparo lawsuit. This has generated concern among landowners, who fear that the compensation for expropriation will be insufficient.
The law stipulates that compensation can be paid in installments over a ten-year period, as opposed to the 45 days established by federal law. Furthermore, the appraisal will be based on the property’s last transaction, without considering capital gains or improvements, which could result in low payments for the owners.
Why was it called the ‘Alito Law’?
The nickname ‘Alito Law’ did not come from the opposition, but from the Morena party itself. Representative Carlos Ucán, speaking at the podium, stated that this reform would allow the state to recover land that Alejandro ‘Alito’ Moreno, national leader of the PRI, acquired at ridiculously low prices, such as 30 cents per square meter.
This has led to interpretations that the law could be designed to directly affect the politician, who has been the target of criticism and accusations in the context of the passage of this legislation.
Moreno Cárdenas, for his part, described the reform as an “act of authoritarianism” on the part of Governor Layda Sansores and accused Morena of using this legislation as a mechanism to intimidate and dispossess those who do not share its ideas.
The PRI leader compared the law to authoritarian practices observed in other regimes, such as that of Hugo Chávez in Venezuela, and warned of the risk of it being used as an instrument of political persecution.
Source: elfinanciero
