Background on Key Figures and Relevance
In Campeche, Mexico, opposition lawmakers are taking steps to challenge a recent reform in the state’s Expropriation Law. This move is led by legislators from Movimiento Ciudadano (MC) party, aiming to reverse changes that they believe undermine property rights and due process. The reform was swiftly approved and promulgated within nine days, raising concerns among opposition parties.
Key Changes in the Reformed Expropriation Law
The reform introduces several significant alterations to the original law, including:
- Indemnization calculation based on the most recent transaction value of the expropriated property.
- A narrowed five-day window for affected parties to file resources against the declaration of public utility.
- No provision for administrative appeals, limiting legal recourse to amparo (a constitutional protection).
These changes have sparked controversy, with critics arguing that they infringe on fundamental rights and create legal uncertainty for Campeche residents.
Impact on Specific Projects
One major project that could be affected by this reform is the Seybaplaya Economic Development Polo in Campeche. This strategic federal initiative aims to be built on approximately 99 hectares of publicly-owned state land. The reform’s provisions could facilitate the expropriation process for this project, potentially impacting local ejidatarios and residents whose lands may be affected by the gasoducto Mayakan or other public works like Ko’OX transport system and Tren Ligero.
Efforts to Challenge the Reform
To challenge the reformed Expropriation Law, opposition lawmakers from MC, along with PAN and PRI representatives, aim to file an action of inconstitutionality. This requires the support of at least one-third of the legislators, which amounts to 12 in this case.
- Current Party Standings:
- Movimiento Ciudadano (MC): 10
- PRI: 3
- PAN: 2
- Morena: 16
- PT: 2
- PVEM: 2
With these numbers, MC is actively seeking alliances with PAN and PRI to gather the necessary support for their action.
Rapid Approval and Public Notification
The reformed Expropriation Law was presented to the Campeche Congress by Governor Layda Elena Sansores San Román on August 27, 2025. It was approved during an extraordinary session on September 4 and published in the Official Gazette of the State on September 5, 2025. The law stipulates that declarations of public utility will be published in the Official Gazette and personally notified to affected property owners.
Should the affected parties’ identities or locations remain unknown, a second publication in the Official Gazette within five business days following the first will suffice for notification purposes. Interested parties have five business days from notification or the second publication to present their case and relevant evidence before the Secretariat of Government.
The Secretariat will then schedule a hearing for evidence verification, to be conducted within eight business days of receiving the submissions. If no claims or appeals are filed, or the deadline expires without any, the authorities will have ten business days to confirm, modify, or revoke the public utility declaration.
Limited Legal Recourse
The reformed law only allows for amparo (a constitutional protection) as a form of legal challenge, effectively closing other administrative appeal options. This narrowed scope has been criticized by opposition lawmakers, who argue that it violates fundamental rights and due process guarantees enshrined in the Constitution and international treaties.
Indemnization Calculation Based on Recent Transaction Value
Article 18 of the reformed law permits the immediate occupation of expropriated property by relevant state secretariats (Government for movable goods, or Urban Development, Mobility, and Public Works for immovable properties). Article 22 allows the state executive to decree temporary, partial, or full occupation of privately-owned immovable properties for public utility causes following the declaration and indemnization payment.
Article 44 stipulates that the valuation for determining indemnization should consider the commercial value of the property, using the most recent transaction as a baseline. Inflation adjustments may also be factored in where applicable.
Critics, like PRI lawmaker Jorge Salim Abraham Quijano, argue that this formula may result in significantly lower compensation than market value since it disregards appreciation, improvements, and underreported transaction values.
Moreover, Quijano highlights the issue where, if an affected party does not receive indemnization within three years, the funds revert to the state—a practice he deems confiscatory and unprecedented in federal or most state laws.
Immediate Occupation and Extended Indemnization Period
Morena lawmaker José Antonio Jiménez Gutiérrez clarified that the reform does not authorize arbitrary expropriations. Instead, it outlines specific conditions for expropriation, such as addressing wealth disparities resulting from monopolistic practices detrimental to the general public or particular social classes.
Paul Alfredo Arce Ontiveros from MC pointed out that Article 18 allows for immediate occupation of expropriated property by the state, while indemnization could take up to ten years. This discrepancy between the federal law’s 45-day maximum and Campeche’s extended period raises concerns about fairness and just compensation.
Arce Ontiveros also noted potential conflicts of interest, as the same secretariat responsible for expropriation (Finances) would also determine property valuation, possibly leading to biased assessments.
