constitutional provision unquestionably objectionable. Some might well refuse to be bound by such surrender of rights by their citizens.[1]
Legislation restricting the ownership by foreigners or certain classes of foreigners, of land within border and coast zones, has long standing in Mexico as is shown elsewhere. Such restrictions are still thought advisable. They are found in the Mining Law, which went into effect on January 1, 1910,[2] and in the Constitution of 1917. Generally such rules have been ones to which the executive might make exceptions. In the new Constitution the prohibition is absolute. "Within a zone of 100 kilometers from the frontiers, and of 50 kilometers from the sea coast, no foreigner shall under any conditions acquire direct ownership of lands and waters."[3] There seems no doubt that Mexico may, if it wishes, adopt such a rule for her future guidance.
There are a number of other clauses that may affect the property rights of foreigners, the interpretation of which is doubtful, such as those providing for the taking of certain properties for the benefit of "rural communities," the power of the executive to declare null certain
- ↑ It may again be pointed out that the importance of this and similar provisions depends on the action that the government takes under it. Article 33 of the Constitution of 1857 declared that foreigners must subject "themselves to the decisions and sentences of the tribunals, and shall not be entitled to seek other redress than that which the laws concede to Mexicans." On its face this seems to prohibit appeal to the home country but, if it was meant to do so, the government did not enforce the provision.
- ↑ See comment in Branch, op cit., p. 114.
- ↑ Article 27.
