EJIDO LAND:
HOW LOW-INCOME GROUPS GAIN ACCESS TO URBAN LAND
A CASE STUDY OF TEGUCIGALPA, HONDURAS
by
MANUEL AMAYA ORELLANA
ARQUITECTO
UNIVERSIDADE FEDERAL DO RIO DE JANEIRO, BRAZIL
1976
SUBMITTED TO THE DEPARTMENT OF
URBAN STUDIES AND PLANNING
IN PARTIAL FULFILLMENT OF THE REQUIREMENTS
FOR THE DEGREE OF
MASTER IN CITY PLANNING FOR DEVELOPING AREAS
at the
MASSACHUSETTS INSTITUTE OF TECHNOLOGY
May, 1985
Manuel Amaya Orellana, 1985
c
and
permission to reproduce
author hereby grants to M.I.T.
The
thesis document in whole or in part.
distribute
copies of this
Signature of the author
Dep
Certified by
tment of Urban Studier and Planning
---7'Professor Bishwapriya Sanyal
Thesis Supervisor
Accepted by
_____V
Chairman,
Ph__---a
Phil Clay
D
rtmental
Committee
Rotch
n Graduate Students
EJIDO LAND:
HOW LOW-INCOME GROUPS GAIN ACCESS TO URBAN LAND
A CASE STUDY OF TEGUCIGALPA, HONDURAS
by
MANUEL AMAYA ORELLANA
Submitted to the Department of Urban studies and Planning
on
May
28,
1985 in partial fulfillment of the requirements for
the Degree of Master in City Planning for Developing Areas.
ABSTRACT
This
thesis
looks
at
the
informal
mechanisms
of
land
acquisition by low-income groups in the Capital of
Honduras,
Tegucigalpa.
The
mechanisms of land acquisition and illegal
land
subdivision
are
examined in relation
to
the
city's
landownership
structure, which is based on
privately
held
land
called
the hacienda and publicly held land called
the
e2ido.
The historical evolution of ejido lands,
leading
to
its
acquisition by private parties,
forms the foundation of
the
present illegal housing situation in
Tegucigalpa.
Lowincome
groups
acquiring
privatized
ejido
land
through
invasion
constantly claim its former
public
function.
Two
case
studies
illustrate
the
role ejido
land
plays
in
organizing land invasion. Invasion is accentuated by both the
tolerance
of the political system and the legal
ambiguities
behind ejido administration.
Government agencies
informally
support
the process of invasion while a variety of political
organizations
identifying themselves with low-income
groups
promote their own interests through the legal ambiguities. An
efficient administration of ejido lands for low-income groups
depends on a redefinition of the role ejido lands can play in
the urban development process of Tegucigalpa.
Thesis Supervisor: Prof.
Title:
Bishwapriya Sanyal
Assistant Professor of Urban Planning
C 0 N T E N T S
A C K N 0 W L E D G E M E N T S
I NTRODUCT
M A P
PART
I
:
ION
OF
T E G U C I G A L P A
EVOLUTIONARY HISTORY OF EJIDO AND HACIENDA LANDS.
A.
B.
PART II:
Ejido Concept
Hacienda Lands
ACQUISITION OF EJIDOS BY LOW-INCOME COMMUNITIES.
A. Administration of Ejido
B. Why ejido rights are disputed in Ejidos
Hacienda lands.
PART
III
within
PRIVATIZATION OF THE EJIDO LANDS OF TEGUCIGALPA AND
COMAYAGUELA.
A. Allocation of Ejidos to Middle-landlords
B. Agrarian Laws
C. Legislation protecting land acquired by middlelandlords and low-income individuals
d. Summary
PART
IV
:
THREE CASE STUDIES
Case study # 1:
Case Study # 2:
Case Study # 3:
Colonia "El Reparto"
Aldea "La Sosa" and Caserio
"La Travesia"
Invasions
along
the
regional
highways
CONCLUSIONS AND POLICY RECOMMENDATIONS.
ANNEX:
MAP OF HONDURAS
BIBLIOGRAPHY
A C K N 0 W L E D G E M E N T S
I am grateful to Ms.
Carla Castaneda and Ms.
Ann Henderson,
Fulbright
representatives
in Honduras,
for giving
me
the
opportunity
to attend MIT.
They supported
my
professional
goals
with enthusiasm. The Developing Areas Faculty, Prof.
Lloyd Rodwin,
Prof.
Lisa Peatti,
Prof. Karen Polenski, and
Prof. Gakenheimer provided the setting to discuss the complex
world of planning.
Their experience and knowledge challenged
my sense of discovery.
I am
grateful
to
Prof.
William Doebele,
from
Harvard
University,
for
his positive attitude and the time given to
my work.. His advise was always constructive. Thanks to Prof.
Sanyal for his time and patience to my drafts.
I am
indebted to Prof.
Louise Dunlap for
helping
me
improve my writing.
Her advise was morally
stimulating.
roommate,
Enrique
Honorio
did not hesitate helping
me
finish
my drawings.
to
My
to
I thank
my dearest friend Kelly,
for sharing with
me
the
fears of this thesis.
Her loving care and time helped me
to
sort
out
my ideas clearly.
I am grateful to her
for
this
accomplishment.
Finally,
I
thank my parents for their constant support
praising of my efforts.
4
and
I N T R
of Tegucigalpa,
the capital
exceeding twice its natural
N
at a
of Honduras,
rate
This trend continues
growth.
to
the demand for space citywide in a pattern which is
increase
low-income
than
to long established groups
favorable
more
O
migrants have added to the
the last two decades,
During
growth
O D U C TI
populations.
their pursuit of shelter objectives,
under
developed
Government
regulations
all
acquire land under the
sectors
system.
The
conditions.
dissimilar
This
is based
system
private
and
legal
and
same
official
on
land
and public finance policies.
private
landowners.
projects are
These
middle and high income groups.
has
have
these sectors
projects
The private sector acquires land for commercial
from
income
the Government, and the low-income populations.
the private,
economic
almost
the shortage of land affects primarly three sectors:
groups,
In
housing shortage affects
the
While
In recent years,
directed
this sector
evolved into a system integrating several agents of
estate business,
real
such as landowners,
to
planning
the
firms,
construction companies, and real estate firms. The Government
sector
individual
also purchases land from
landowners.
It
directs its production to low-income groups.
The
sectors
land
demand
encourage
of both
speculation
5
the
in
private
and
undeveloped
Government
land,
which
reinforces
land acquisition in the third
sector,
low-income
groups.
Low-income groups acquire land in two ways.
way,
in
In the first
land is acquired formally, either through participation
government
projects
or
through
purchase
of
private
housing. In the second way, access is illegal because land is
acquired
outside
transactions.
the
formal,
legal
mechanisms
of
land
Direct land invasion, plot-purchase in illegal
subdivisions,
and
squatting are typical
informal
ways
of
acquiring land.
Tegucigalpa's landownership structure,
through
history,
acquisition.
and Hacienda.
city
determines
the
dual
as it has evolved
system
of
land
Landownership falls into two categories:
ejido
Ejido land is public land, administered by the
Government
since colonial times.
privately owned estates.
Typically,
Hacienda
lands
are
both Government housing
and private housing occur in Hacienda lands, whereas informal
acquisition takes place in
In
this
paper
Elido lands.
the dual system of
land
acquisition
is
equated with the legal situation of ejido and hacienda lands.
Hacienda
lands have always been legal
documented as
private
possessions,
therefore, haciendas provide the proper land on
which formal,
legally based land transactions occur.
On
the
other
hand,
constantly been challenged.
over ejido land;
tenure situation.
ownership
of
ejido
There are two types of
lands
has
disputes
each type of dispute arises from a different
One type includes those ejidos held by the
city
These ejidos
government since the turn of the century.
have, over time, been acquired by private parties. Presently,
invade
groups
these
lands;
groups claim the public function of these
low-income
solve
lands to
these
housing
their
problems.
second type of dispute centers on ejido lands which
The
are
by
encircled
of rural
communities
of
administration
only
because
hacienda
communities
lands
these
However,
parts of these
transferred
communal
issuing
the city government.
of
responsibility
government
authorities granted these
the rights to these lands by
The
titles.
the
In
origin reside in these elidos.
early part of the century, national
communities
low-income
Currently,
lands.
hacienda
landlords
was
the
the
city
lands
to
the
opposed
legally
further transfers.
Ejidos of both tenure situations have,
private
by
acquired
title
Supletory
is
through
parties
on
based
a
"suppletory
legal
been
over time,
title".
called
provision
which states that individuals who have
"prescription",
ejido land continiuosly for 10 years can acquire legal
held
rights
to the land.
private
ejido,
parties.
based
claim
communities
Low-income
these ejido
These communities assert their
lands
rights
from
to
on the laws giving right of ejido ownership to
communities, challenging the rights of ejido given to private
individuals
between
through
suppletory title.
It
is
the
dispute
these two parties that leads to invasion on the part
7
of
low-income
groups and
illegal
land subdivisions
on
the
part of ejido landowners.
A
large
population
has
subdivisions
of
percentage
gained
or
access
invasions.
Tegucigalpa's
to
land
Low-income
low-income
through
groups
illegal
can
hardly
afford private housing, while the government provides a small
amount
of low-income housing in the city.
Low-income groups
must resort to informal mechanisms of acquiring land.
This
paper focuses on how illegal
land subdivisions are
accentuated by both the political and the legal
sections divide this paper.
systems. Five
Part One reviews the concept
of
ejido, the nature of its communal rights and how these rights
relate
to
acquisition
low-income communities.
of
administration
at
the
private
Part Two
discusses
ejidos by low-income communities
by the city government.
their
The third part looks
process by which landlords acquire
property,
and
the
ejido
in the context of Government
lands
laws.
as
Part
four illustrates 2 cases of dispute over ejido lands, and one
case
of
illegal
land subdivision.
some policy recommendations.
8
The paper concludes
with
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I
I
P A R T
I
EVOLUTIONARY HISTORY OF EJIDO A~ND HACIENDA LANDS
This
lands
part
and
reviews the evolutionary
haciendas
since
the
history
Spaniard
of
ejido
colonization
of
Honduras
EJIDO CONCEPT
A)
Ejidos
tenure
was
are common use lands.
The ejido system of
brought to Honduras by the Spanish during
colonization in the 16th century,(1).
by
colonial
land
authorities,
the
Ejidos were
Municigalidad,
populations for agricultural or farming
their
allocated
to
local
activities,(2).
The
municipality administered ejidos to local populations for use
as places to live and a means for survival.
The ejido system was merged with the indigenous communal
land
system
Spanish.
of
of
the
Indian
The communal system,
population
colonized
by
the
unlike the common land system
ejido which implies an ownership right,
was based
concept
of free access to land for native communities.
concept
has been continiously recalled by low-income
on
a
This
groups
during their quest for land since the colonization.
-----------------------------------------------------------
-
(1).
The
ejido tenure system is typical of feudal
agrarian
systems
that prevailed in Europe during the middle ages.
It
is basically a communal agricultural system, based on an open
field to produce goods and services for the feudal community.
(2).
This
is the original name of the city
government
of
Tegucigalpa. During the colony, it was also called
1lcaldia.
IC)
Ejidos played a twofold role in society.
as
a land banking system,
local
populations.
providing
laws
local
Ejidos
also
played
populations a source of
given
authorization
authorities
administered
principles:
Ejidos
indivisible,
never
be
by
and
a
welfare
income.
each individual
settled on ejido lands had four rights:
possess it,
served
providing lands for the homes
governing ejido lands,
its usufruct,
Ejidos
role,
Under
of a
of
the
community
to use it,
to enjoy
and transfer it to third parties,
the
city
ejidos
are
government,(3).
on
the
basis
inalienable,
non-transferable.
of
four
unprescriptible,
In theory,
owned by any private party;
City
ejidos
ejido is a
can
municipal
asset. Native communities were given only the right to settle
on ejido lands.
B) HACIENDA LANDS
Hacienda land have their origin in Royal
and
Realenggs,
unsettled
were
graph
colonial
agricultural estates,
#1).
Baldios
next to the
Both Baldios and Realengos
economy,(4).
Spanish Crown,
contained
Baldios
were
lands where mining and logging activities occcured.
Realenggs
(see
of the Spaniard colonization.
lands,
supported
Colonial authorities on behalf of
controlled realengs and
haciendas,
cities.,
baldios.
the name given to the only
not land, where the productive activity of
the
the
Realengos
buildings,
the realengg lands
occured.
(3).
Under the four rights "possess" means to hold or occupy.
11
Prior
control
(181.3),
over baldios and realengos,
ordering
After
to independence
the
sale
Spain
Honduran
lands.
privately
held lands.
private
authorities
estates
Hacienda
national
individuals.
called
replaced
baldios,
realengos
(4).
Agricultural
production in baldios and
realengos
directed to foreign trade and commerce activities.
12
its
to the local government.,
of these lands to
independence,
relinquished
as
was
P A R T
II
AQUISITION OF EJIDOS BY LOW-INCOME COMMUNITIES
A)
ADMINISTRATION OF EJIDO
In
colonial
municipality
of
communities.,
(5).
times,
Tegucigalpa
gueblgs
Spaniards,(6).
concentrated
the
A).
were
to
both
native
by
and
the
Spanish
This Municipality allocated ejido lands to
spanish communities,
Typically,
ejido rights were granted
On
ggebgs.,
whenever a city was
founded.
were the largest urban unit populated by
the other hand,
native communities
in either Realengo or baldio
labor force for the agricultural
lands,
economy,
were
providing
(see
diagram
Scattered in the national territory, these concentrations
called
Although
aldeas
dependent
socially cohesive,
municipality
and caserios,
on
colonial
(see map
of
authorities,
self-governing communities.
recognized
these communities as
Honduras).
they
were
The colonial
urban
units,
allocating to each community ejido lands.
After
fragmented
---
independence
into
(1821),
private
realeggos and baldios
properties.
these
were
properties
----------------------------------------------------- -
(5).
Sapnish
communities were
called
communities were referred to as comuneros.
2yeblos.
Native
(6).
The urban hierarchy according to decreasing
population
size is:ggeblgs,aldeas and caserios.
municipality
recognized
these communities as
urban
units,
LANO
TENURE
SYSTEM
COLONIAL LANOS
1. SETTLEO EJIDO FOR PUEBLOS
2. EJIDO FOR CULTIVATION
3. REALENGO
A
HACIENDA LANOHOLDING
4. BALOIO
O
EJIDO OF NATIVE COMMUNITIES
POST-INOEPENOENCE
1. HACIENOA
PROPERTY
2.
ALOEA EJIOO
,
PROPERTY PERIMETER
---
EJIOO BOUNDARY
+++ AGRICULTURE
0
POST- INOEPENOENCE
EJIOO
SI
I
LANOLORO HOUSE
2
1. SETTLEO
2.
LAND (ALOEA COMMUNITY)
CULTIVATiON
K
I
14
LAND
contained
Spanish
both ejidos allocated by the municipality
and native communities,
hacienda estates,(7),
continued
within
to
the
Hacienda
the native
property.
communities eventually became
the
and private property called
(see diagram B).
attract
to
Hacienda
labourers
(see
activities
which
diagram
settled
C).
caserios or aldeas,
These
when they
grew to a population size necessary for designations as urban
units.
These
colonial
authorities,
Hacienda
landlords.
remained,
communities,
unlike
those
concentrated
by
were primarily a labour force hired by
The land provision to these communities
therefore, under direct responsibility of Hacienda
landlords.
following
communities,
in
the
custom of pre-independence
view of their
population
ejido rights from the municipality,
size,
these
requested
even though they were on
private hacienda property.
B)
WHY
EJIDO RIGHTS ARE DISPUTED
IN EJIDOS WITHIN
HACIENDA
LA~NDS
The
native
ejidos within haciendas were originally settled
communities
working
in
hacienda
lands.
by
These
communities, over time, became aldeas and
caserios. However,
aldeas
were
and
recognized
caserios
on
communities.
hacienda lands
These
communities
adjoining land for their survival
not
legally
cultivated
the
and came to regard the land
they worked, and the land in which they lived as belonging to
-----------------------------------------------------(7).
Also
refered
to
as
sitios
or
15
hatos.
them,
(see
diagram C).
these lands,
Over generations of settlements
on
these communities developed a strong sense of a
right to ejido.
Under
the
law governing the creation of
these aldeas had achieved a certain size,
lands,
once
they had the right
to claim the territory as their common land,
reasons,
ejidos,
(8).
For these
these communities requested rights to possess these
invoking
authorities.
their
The
right
to
ejido,
President or the National
these rights in the form of a communal title,
from
national
Congress granted
(see chart #1).
A communal title meant that the community held the land,
not
individuals. The title applied to the settlement and the land
the community cultivated for their survival,
Over
time,
as
these communities were integrated
economy of Tegucigalpa,
as
(see diagram C).
into
they needed formerly cultivated land
land for housing their growing population in the
These
communities
the
petitioned the municipality
to
1960's.
allocate
individual parcels of the formerly cultivated land on
behalf
of individuals within the community. However, these petitions
were
met
by the central authorities.
authorities
the
of
However,
the
from
the
cultivated land into
municipal
the
though
the ejido rights to these
Municipality was to be responsible for
division
lands
granted
Even
communities,
documenting
individual
authorities did not
hacienda properties to the
central
the
parcels.
transfer
these
individuals
of
these communities.
(8).
The communities interpreted these laws as if they would
be legally recognized as aldeas.
16
The
rights
hacienda landlords objected to a granting
ejido
The landlo rds claimed
to lands within their property.
title to these lands;
of
they rejected the communal
t itle
given
to the communities by the central authorities.
The
legal
individuals
which
theory
claimed
by which landlords,
title was "the right
and
that
will
occupies
years,
else.
give
and
even
The
national
title to any
person
uses a piece of land for a
though that
theory
countries,
all
who
continuosly
number
certain
"prescription" is that it
of
is
title.
owner is not sufficiently interested in his
should
be rewarded for his efforts by
In Honduran law,
interference
occupant
in
by
the
the
land should be out to go od use.
he permits someone else to occupy and use it,
occupier
of
land originally belongued to someone
interest that all
the original
that
good
other
pre scription",
of
is a legal doctrine existing in almost
some
If
land
them
being
the
given
continuous use and occupancy without
former
owner gives the
right
of
to make a claim in court that the title to the
the
land
be transfered to him.
Although ejido lands,
belong to the community,
of
prescription,
countries,
right
a
there
according to pure
theory,
always
and cannot be subject to the process
is,
in
Honduras,
and
in
conflict between the concepts of ejido and
of prescription.
As a result,
Honduran landlords
other
the
and
private individuals used the prescription doctrine to get land
registered
in their private names.
17
Representatives of
ejido
communities claim,
illegal
conflicts
since
with
however,
that all
prescription
these registrations are
cannot have an
effect
when
the principle of the inalienability of
it
ejido
property. However, many individuals have used prescription, or
"Suppletory
Title"
to
"legally"
acquire
specific
parcels
within ejido lands the community claimed a right to.
While the dispute over these lands has never been legally
resolved,
informal
negotiations sometimes result in
illegal
subdivisions. Landlords, through their access to the judiciary
system,
have retained and subdivided the unsettled lands they
contend
are within their properties.
the subject of part 4.
18
These subdivisions
are
P A R T
PRIVATIZATION
OF
The
and
III
THE
OF
TEGUCIGALPA
EJIDO
LANDS
AND COMAYAGUELA
illegal subdivisions of the ejidos
ComayagUela
privatization
result
from
their
of
history
Tegcigalja
of
gradual
that is distinct from the history of the aldea
communities claiming ejido rights within Hacienda properties.
just decribed.
The
ejido
of San Miggel de Teagciga1a
is
the
ejido
where the city of Tegucigalpa was founded during the Spaniard
for residential use;
primarly
city.
authorities established
Colonial
colonization.
This
ejido
did
not
it
this
ejido
is the first ejido of
arise from a
claim
of
the
native
communities, but was created for the citizens of Tegucigalpa.
The ejido of
Comayaguela was created later.
It was
assigned
to a large la bour community working in a large realengg.,
time,
Over
this
community grew to a size
designation
as a Pueblo.
In 1820,
the
Municipality
of
became
independence,
appropriate
(9).
for
the ejido of Comayaggela
Comayaguela.
However,
since
these two ejidos gradually became privatized
,
(see map #2).
There
are
three
interwoven
processes
which
enabled
individuals to acquire lands within these two ejidos as their
(9).
This ejido was created on a colonial
19
hacienda property.
No 2
MAP
TEGUCIGALPA
O1:12.200
CIEATEOUCLGALPA
EI2-ECMCA0N
-L
C
annoa
s
-
1
c
EJIO OFTEGCIGAPA
EJOO
20
O
COAYAUE)
HODO
-
private
the
properties.
city
(10)
The
The first relates to the ways in
government allocated ejidos
second
process leading to
laws
to
middle-landlords,
privatization
by
enacted
succession
of
agrarian
government,
and
the
acquisition
based on legislation protecting land
third
which
is the process
the
central
the
of
is
ejido
rights
land
of
landowners.
A).
ALLOCATION OF EJIDOS TO MIDDLE-LANDLORDS
There
are two ejidos which the city government
administered since Independency
oiggej
de
(11).
egUgcigglga and CgmayagrLgj.
closely
These are ejidos of San
The city
government
allocated parcels of both ejidos for agricultural purposes to
middle-landlords and low-income groups. Typically, low-income
individuals
received small plots,
received large parcels,
whereas
(see map #2).
middle-landlords
These allocations were
(10).
In this paper "middle-landlords" refers to individuals
holding
ejido lands of medium size.
They are distinct
from
landowners of larger private landholdings.
(11). The administration of these ejidos was originally under
the jurisdiction of separate municipalities. The municipality
of
Tegucigalpa
administered three ejidos:
"San Miguel
de
Tegucigalpa",
"La Sosa",
"La Culebra".
The municipality of
Comayaguela
administered
four
ejidos:
"Comayaguela",
"El
Quizcamonte",
"Aldea Mateo", "Cofradia del Crucificado". All
these ejidos were integrated into the city of Tegucigalpa in
1898
when
the municipality of Comayaguela became
part
of
Tegucigalpa,
the
capital
of
Honduras.
Yet,
each
municipality
continued
to administer
their
own
ejidos
separately until 1938.
The national government
elliminated
the
municipality of Comayaguela while adjoining the city
of
Comayaguela into the municipality of Tegucigalpa. Both cities
were united into the administration called "Distrito Central"
in 1938.
21
made
conditionally;
the
allocatees
were to
return
their
parcels to the city government when the lands were no
longer
used for agricultural purposes.
Both
not,
low-income
however,
abandoning
individuals and
return
agriculture.
ejidos for two reasons.
attempt
parcels
transfered
without
or
First,
the
transfered,
sold
laws
city
retained
upon
these
the city government,
in an
sold these ejidos
to third parties
their
government.
ejido
These
governing ejido lands,;
but not purchased.
lands
the
did
to
In the second case, middle-landlords either
notifying the city
violated
to
Middle-landlords
to solve its fiscal problems,
private parties.
ejido
their
middle-landlords
However,
parcels
transactions
ejidos
the law
can
be
governing
was superceded by prescription which gives
and
confirms ownership rights over land possessed continuosly for
10 years.
ejido
Third parties, acquired possession rights to these
plots
prevented
through
the
city
prescription.
government from
Thus,
reclaiming
prescription
the
ejido
allocations.
B)
AGRARIAN LAWS
The
to
progression of agrarian laws from 1877 to 1924
further
Comayaguela,
privatization of the ejidos of
removing
the city government.
Tegucigalpa
these lands from the jurisdiction
(see chart #2).
led
and
of
The first agrarian law,
issued in
1877, established the registry office for recording
land transactions in an attempt to regulate the use of ejidos
for
both
agricultural
agrarian law,
to
and mining
development.
The
second
enacted in 1898, decreed that middle-landlords
whom the city had allocated ejidos were entitled
to
buy
these ejidos, given authorization of the city government. The
agrarian law issued in 1924 authorized the city Government to
lease
ejidos to private individuals on a five-year contract.
However,
leasers,
like
the
former
acquired ejidos for agricultural
middle-landlords
activities,
never
who
returned
these parcels to the city government.
The
first
formalized
created by the
1877
law,
the possession of ejido parcels allocated by
city government.
a
registry office,
The registry office recorded each parcel
Before this
property.
law,
the
as
there were no records of land
fragmentation except for those records of Hacienda properties
acquired during the colonization.
This registry process
based
issued
on
government
1906.
several
in
Civil
parallel
Codes
by
the
to each agrarian law from
was
national
1877
to
CHART *
1
EJIDOS CONTAINED IN HACIENDA PROPERTIES
EJIDO
AREA
AUTHORIZATION
Hect.)
YEAR
HACIENDA
La Sosa
La Travesia 570
National Congress
1915
El Sitio
El Molino
Villa Nueva 650
President
1894
Tierra Carranza
Suyapa
Agrarian
40
Institute 1960
El
Trapiche
CHART # 2
LAWS GOVERNING EJIDO LANDS IN POST-INDEPENDEMCE
NAME
Ley
YEAR
RIGHTS TO EJIDO
Reglamentaria de Tierras
1835
Use,
usufruct
and
Ley Reglamentaria de tierras
1836
1
possession
Decreto Ley
1646
1
direct
Decreto Ley
1870
1
the Municipality.
1877
1
Ley
de
Agricultura
under
control
Purchase by
of
private
entrepreneurs
Ley de Agricultura
1898
Ley Agraria
1924
1
Ley
1927
1
de
Municipalidades
Purchase by citizens
Lease
Possession
upon
paying taxes.
SOURCE:
Gomez,
Martinez,
TegucigaiIa"
"La
(1979).
24
Tenencia de 1a
Tierra
en
C)
LEGISLATION PROTECTING LAND ACQ.UIRED BY
AND LOW-INCOME
The
income
INDIVIDUAILS
civil
codes protected
individuals'
middle-landlords
provision of the civil
this
and
low-
rights of possession on the basis of
provision called "Prescription".
legal
MIDDLE-LANDLORDS
As described
code allowed parties to
a
above,
acquire
ownership rights whenever the land had been continuously held
for ten years.
process of registry of these lands favored
The
landlords
within
over
low-income individuals holding
small
the ejidos of Tegucigalpa and Comayaguela.
ejido parcels were alocated originally to both
city
was
government
allocations.
landlords
parcel
unable
to
precisely
Due to the lack of official
middleplots
When
the
parties,
the
survey
these
boundaries, middle-
were able to claim lands in excess of the original
allocation.
Not only were these excess
lands
taken
away from the municipality, which could have eventually given
these
lands
individuals
small
to
low-income
communities,
but
could not effectively claim the right
to
their
parcels.
In an attempt to register lands equitably,
of
low-income
the ministry
Justice published the auction of rights in the government
journal
called,
low-income
la Gaceta.
This journal
could assure
that
individuals would be able to dispute claims
made
on their plots by middle-landlords.
However,
most of
these
individuals are unfamiliar with the process of public action.
D)
SUMMARY
Tegucigalpa's
ejido
lands.,
haciendas.
urban
and
over
Since
growth,
20
the
has taken place in
private
colony.,
properties
the
administered three types of ejidos,
city
(11).
seven
containing
government
The
has
first,
type
includes three ejidos assigned to labourer communities living
in
aldeas
such
as
Mate.,
Crucificado. These ejidos will
because
they
dispute
in
assigned
QCfradia
Quizcamonte,
not be discussed in this paper
are not relevant to a discussion
the city.
del
about
ejido
The second type includes ejido
lands
to labour communities within private properties
post-independence
years
communities
attracted
were
Haciendas.
These
ejidos
Culebra/Villa Nueva,
by
the
city
government.
by agricultural
are:
La
and Suyyag.
Sosa,
LA
in
These
activities
in
Travesia.,
La
Respectively, these ejidos
are in Hacienda El Molino., Hacienda el Sitio., Hato de Enmedig
and Hacienda el
The
properties.
period,
are not contained within
populations for residential
municipality
of
and agricultural
"Comayaguela".,
the
hacienda
These pre-independence ejidos were allocated
They are the ejido of
ejido
(see map #2).
third type includes ejido lands created during
pre-independency
local
Tra2iche,
to
purposes.
which became a separate
shortly before independence in
"San Miguel de Tegucigalpa".,
(12).
1820.,
These
and
the
ejidos
(12). This is the ejido on which Tegucigalpa city was founded
in 1574.
216
contain over seventy percent of
the
city.
Illegal
illegal
land subdivisions
subdivisions in these ejidos result
in
from
their privatization from 1877 to 1975.
During
challenge
the last decades,
low-income groups
the privatization of the ejidos of
Comayaguela.
They
organize invasions,
function of ejido lands.
constantly
Tegucigalpa and
claiming the
social
The privatization of both municipal
ejidos and the ejidos of aldea and caserio communities within
haciendas form the foundation of the present illegal
situation of metropolitan Tegucigalpa.
27
housing
P A R T
IV
THREE CASE STUDIES
land
Illegal
Their
predominance
factor
as
The
factors.
increased migration to the city
is
activity
coincides with two
1940's.
late
subdivisions date from the
as
first
agricultural
in the northern region of the country slowed
mining
activities in Tegucigalpa's hinterland
The second factor relates to the virtual total
of ejidos
of
"Comayaguela"
Middle-landlords
down,
declined.
privatization
and "Tegucigalpa".
are
the main
developers
of
illegal
subdivisions since the early 1950's because they had acquired
large
the
parcels of ejido
lands.
Increased migration increased
demand for these ejido lands which had been acquired
middle-landlords in previous decades.
able
to
sell
Middle-landlords
the land at low prices because they
did
by
were
not
provide either infrastructure or services. These developments
violated
city
subdivision
illegal"
regulations
norms.
These
which
had
subdivisions
established
are
because they violate land regulations.
land
"technically
Unlike
low-
income communities in ejido lands within hacienda properties,
low-income
do
groups who purchased plots from middle-landlords,
not dispute ejido privatization because of
origin.
their
migrant
These groups find instead, a ready solution to their
housing problem in illegal subdivisions,
and squatting in other's lands.
28
or through invasion
Each
types.
along
acquisition
Squatting
river
landslides
occurs
banks
or
hills,
Invasions,
Illegal,
different
on public lands of marginal
steep
or floods.
private lands.
occurs in
mechanism
with
high
land
value
risks
occur in both public
of
and
commercially subdivided developments
take place in properties once held by middle-landlords,
(see
photo #1).
During
the
constantly
decade,
challenged
Tegucigalpa
claiming
last
and
the
low
income
the privatization of
Comayaguela.
social
They
function
groups
the
ejidos
organize
of
ejido
by
illegal
land subdivisions.
The
aldea
communities,
following
illustrating
illegal
section
within
looks
at
lands.
hacienda
three
land subdivisions and
of
invasions.
privatization of these ejidos and the dispute over the
rights
have
The
ejido
result
in
case-studies
land
invasion,
from the 1950's to the 1980's.
CA~SE #* 1: COLONIA EL REF'cARTO
Illegal, commercially subdivided developments take place
in
two
landlords
and
types
of land.
occurs
properties dismembered from ejidos of
Tegucigalpa.
marginal
The first type
value,
on
Comayaguela
The second type include private
namely
those dismembered
property called "Labradores de la Plazuela",
from the
(13).
middle-
lands
of
private
PHOTO Nol
1
SQUATTING
2
ILLEGAL SUBOIVISION
3
4
,I
PUBLIC
HOUSING
PRIVATE
HOUSING
fojT:soo,"-
Colonia
Reparto"
"El
is
commercialy based subdivision,
development
an
example
(see map #3).
undertaken by a small
does not comply with city regulations.
force
the
firm.
illegal because it
The dispute over this
developer to provide the site with
request
attesting
estate
arose from the inability of city authorities
infrastructure.
the
illegal,
It is a pioneer
private real
City authorities consider this development
subdivision
of
and
The developer has constantly refused to meet
of
to
services
to
authorities
the
based
on
official
provision of services on
the
documents
site.
For
example in 1950, three agencies, the city government, DC, the
water
company
issued
(SANAA) and the electricity
documents
stating the
developer's
company
(ENEE),
compliance
with
urbanization norms.
At the creation of a community development unit,
questioned
these
documents
in
the
the DC
mid-seventies.
The
community development unit surveyed the site and found a lack
of
basic
services
developer
was
the site.
The
DC
to provide the basic services,
unsuccessful.
request
in
Again,
asked
yet this
then
the
petition
the developer refused to meet the
questioning the validity of the documents issued
by
past city authorities.
The
have,
site
individuals
who purchased plots
in
"El
Reparto"
however, managed to bring electricity and water to the
on
additional
their own,
while the developer continued
to
sell
plots in the adjoining land without supplying the
services and road infrastructure.
31
.MAP
No 3
CROW
TESIIOGALPA
1:12.5IS
2-mWoON
U.
COLONIA
U
VEAT
EL
32
Continued
norms
violation
suggest
control
the
of city regulations and
inability of city authorities
over illegal developers. Illegal
in effect sanctioned by city authorities,
subdivisions are
they also
and
"La travesia" illustrate
the case of
low-income communities settled on ejido lands
hacienda
history
working
location
on
the
contained
a
worked in
similar
same
both these communities were formed by
ejido.
labourers
The community of aldea La Sosa
whereas communities
of
"La
hacienda "El Molino".
haciendas are located in the northwest part of the
(see map #4).
registered
Molino"
their
in hacienda "El Sitio",
Both
and
of
These communities have
in hacienda estates.
Travesia"
city,
properties.
because
Originally,
worked
provide
ALDEA "LA SOSA" AND CASERIO "LA TRAVESIA".
"La Sosa"
Aldea
in
exert
for low-income groups.
CASE # 2:
how
to
use
subdivisions provide
housing for low-income groups. While illegal
housing
land
was
Hacienda "El
as private property in
surveyed
private property,
Sitio" was surveyed in
in 1900 and
1892.
registered
Hacienda
in
1915
1856
"El
as
(14).
Both
communities are documented as
belonging
to
-------------------------------------------------------------
the
(13).
This
land was eventually acquired by both
low-income
communities and middle-landlords through purchase
from. the
city government.
It was not registered as ejido land., yet it
was partly acquired by native communities living in aldeas.
(14).
1915.
The
ejido
title of
"La Sosa" was also registered
in
MAP
No 4
landholdings
1
LA SOSA
3
SUYAYA PA
H
HACIENOA
2
LA TRAVESIA
4
VILLA NUEVA
e
EJIDO
34
LAND
LANO
of
municipality
Tegucigalpa
in
1895.
These
the
early
century
underwent
rapid
requested
ejido rights from the municipality.
was
growth
in
communities
they
and
This petition
met instead by the National Congress which authorized
title
communal
in
1915.
registered
The title was
by
a
the
municipality of Tegucigalpa in the following year.
In a period of over 40 years beguining in 1916,
several
settlements sprang up in the formerly cultivated land of this
ejido,
the
as their communities became gradually integrated into
economy of
the city.
Some of
were undertaken by either
the
in charge of administering
the
barrios and fraccionamientos,
municipality,
the
DC
(15),
called
these settlements,
ejido title or by the hacienda landlords.
There
is
no
that
single pattern of negotiation
place between the community,
the DC and
landlords.
took
Land
in
this
ejido has been acquired through several methods ranging
from
direct negotiations between the community and
landlords,
in
hacienda
to outright invasion. Typically, land subdivision
this ejido has occured at the request of
individuals
in
the community from the hacienda landlords. In some cases, the
community
purchased
the land.
In other cases,
the DC
has
subdivided part of the land granted by hacienda landlords, at
the
petition
of the community board,
the
gatronato
which
represents the community in the city government.
(15). Since Independence, the city government has changed its
"Distrito
"Municipalidad",
to
name
from
"Alcaldia" to
del
Metropolitano
1938,
to
"Concejo
(DC),
in
Central",
Distrito Central", (CMDC), in 1975.
35
in
intervened
such as the Ministry of Justice,
authorities.,
National
of
cases
invasion
the
between
mediating
community and the hacienda landlords. The Ministry of Justice
and Government, settled a dispute between the community board
of
each
in
landlords
the hacienda
and
aldea
The
1960.
community board requested from the DC the adjoining lands
to
unable
to
house
growing
their
As the DC was
population.
respond to this petition, the community board resorted to the
The Judiciary served as the
Ministry of Justice for support.
mediator
meet
the
Landlords of both haciendas resolved
requests.
communitys's
to
landlords of both haciendas
between
the conflict, donating to the community some of the adjoining
transfer
of
unsettled
this
land
landlords assigned
Yet,
land the commmunity requested.
to the
The
DC.
dispute
since the DC transfered less than 6%
the
remained
total
of the
donation in 1975. The 94% of this donation remained unchecked
by the DC and was later acquired by private parties.
While
the
dispute
has remained unsettled due
since
prompted many invasions in the area,
occur
to
reclaim
community in 1915,
the
community
sponsored
the communities
administration of the DC,
ineffective
by
both
the land
rights
1975.
assigned
the
have
Invasions
to
the
and the land the DC failed to transfer to
since
several
1960.
invasions
These
agents including
university students and labour unions.
parties,
Recent migrants often
communities in invading these lands.
join
invasion to solve
their
usually
are
political
join local
the
to
housing
These groups
problem.
As
in
previous occasions,
invaders use
the
invasion
method to negotiate the land price directly with the hacienda
landowners.
The communities organized around the Board, have
often
able
been
purchasing
the
to
negotiate
the
land
in
land at a price suitable to
good
their
terms.,
economic
situation.
CASE #3:
Land
INVASIONS ALON6 THE REGIONAL HIGHWAYS
invasion in the mid-seventies occured as a
of three factors.
The first factor was the steady
result
migration
resulting from increased activities in the building industry.
The second factor was political.
invasions
factor
Political parties encouraged
as part of their campaigning platforms.
was
the increase in dispute over
the
The third
ownership
of
ejido lands at the periphery.
The
limited
three factors are interwoven.
Migrants in
opportunities in the landmarket,
with the covert support of political
resort to invasion
activists.
base on which migrants rely on includes:
finding
The political
political
parties,
labour unions, federation of community boards, and university
students.
Over
highways, (16),
thirty
invasions along the city's
(see map #5),
regional
and other parts of the city, are
attributed
to
both
political
------------------------------------------------------------
campaigning
and
the
(16).
These highways
are:
"Carretera a
Santa Lucia",
"Carretera
al
Zamorano/Danli".,
Carretera
a
Rio
Hondo/El
Norte"., and "Carretera a Talanga".
MAP
No5
TEGUCIGALPA
CITY
I,
\ct.
INVASIONS
ALONG
38
HIGHWAYS
strengthening of
These
ejido
labour unions and community organizations.
organizations led migrant populations to
lands incorporated into the urban limits of
from
1976 on.
about
the
public
the
These organizations inform low-income
nature and public function of ejido
encouraging
reclaim
migrants
to
assert their social
city
groups
lands,
right
good and reject the acquisition of ejidos by
thus
to
a
private
parties.
Invasions
motivated by the renewed dispute
of
ejidos,
occured along the highways linking Tegucigalpa with its rural
hinterland.
lands
The
belonging
fragmentation
since
the
dispute
to
and
early
political
the old
ejido
of
centered
Yet,
century.
in
the
to
"Talanga",
to
has
late
organized invasions along
Tegucigalpa
on
"Comayaguela".
privatization of this ejido
activists
linking
over the ejido lands
The
occured
seventies,
the
highway
challenge
the
acquisition of these ejido properties by private individuals.
Political activists informed the Federation of community
boards about the process by which middle-landlords documented
their possessions.
Eventually, middle-landlords sold parcels
of their property to either private individuals or government
agencies, to escape the threat of
Two invasions,
invasion
photo
----
invasion.
"Las Pavas" and "Amate", illustrates the
of low-income groups on public
#2).
The
lands,
(17),
(see
community board of these groups invaded
a
------------------------------------------------------
(17).
This
invasion
took
place in a
former
eventually acquired by private parties and lately
INVA.
39
ejido
land,
acquired by
PHOTO
1
IN VAS-ION ''AMATE
No 2
2
ALDEA 'EL
KI
CARRIZ AL
site
held
by the National
Housing
Agency,
(INVA).
groups had the support of political organizations.
of the Federation
the legal
of Community
situation
of
These
Activists
Boards informed invaders about
the land they intended to
promoter rewarded the invaders with a plot
invade.
on the site
The
while
requesting from them a fixed fee and the commitment to remain
in the site until the threat of eviction was withdrawn.
The
invasion
was tolerated by
the
authorities.
INVA
eventually negotiated the settlement with the invaders, later
INVA
provided technical assistance from its
Department,
their
helping
settlement
site.
It
encourage
is
to
social
organize the community
service
to
improve
and bringing water and electricity to
the
tolerance
established
of
members of
public
authorities
invasion
invading
"Colonia
Villafranca" was initiated by the community
of both the "Amate
was
and
privately held.
adjoining
"Las Pavas".
lands.
that
settlements
continue
the
The
invasion
But the land
legal
owner
from
to
of
boards
they invaded
The landowner challenged the
invasion,
although he failed to prove the ownership of the land.
are
the
There
several claimants over the ownership of this site having
titles.
is
Yet,
the confusion about the actual and
compounded because the claimants's
different properties,
titles
true
derive
making it difficult to establish
the rights of each claimant.
The
invaders
compensation.
negotiated
However,
the
41
with
the
landlord
landlord refused to accept
over
the
offer
and
contended
the
no
contrary to an appraisal of the DC,
that the land had a higher value than
invaders offered.
companies,
under
the
amount
This situation has left
the threat of eviction,
DC
the
The dispute has remained unsettled as
agreement has been reached.
invaders
the landlord
and INVA,
electricity and water services
42
even
when
have provided the
the
utility
site
with
CONCLUSIONS
land acquisition takes place on ejido lands
Illegal
Tegucigalpa
due
to the ambiguity in
function"
"social
of
the
defining
overlapping
ejido,
administrative
and the government's lack
of ejido land,
responsability
legally
in
of
clarity on the role of ejido lands in the urban context.
can
invasion
gain access to
by
through invasion, low-income
land.
These
groups
the communal concept of
reviving
legitimize
ejido
of
status
ejidos,
encouraging
low-income groups to
lands held under varying tenure
these
the ambiguity of
merges
land.
the
organizations exploit the ambiguity of
Political
in
opportunities
limited
However,
government programs.
groups
have
groups
Low-income
legal
invade
Invasion
situations.
concept of
the law with the cultural
free-access to land.
Simultaneously, agrarian and administrative laws support
the
cultural
value
of ejido lands by
evoking
its
social
function. However, these laws define ejidos's social
function
ambiguously.
CMDC,
and
laws
defining
Both
National
Agrarian
ejidos's
social
defines
the
city
Institute
government,
(INA),
function with different criteria.
"social function" by defining under what
land is not performing its social
refer
function.
to situations when ejido lands are
subdivided
INA,
have
ejidos
and
serviced,
and
subject
are providing a social
43
The
the
CMDC
conditions
These conditions
vacant,
to
illegally
landslides.
function when
they
To
are
for
used
being
agriculture.
social
definition
of
the
compounded
by
overlapping
function
of
the
is
institutions
of
jurisdiction
legal
lands
ejido
Some ejido lands
with the administration of ejidos.
dealing
of
The ambiguity
the
contained within the city's urban limits are still under
of
jurisdiction
instruments
The lack of admnistrative
INA.
needed to transfer urban ejido lands to the CMDC restrict the
jurisdiction of the CMDC law governing ejido lands.
The
history of
urban
ejido
ownerships,
of overlapping uses and conflicting
development
the
specifically
lands,
affects the value of land in the City. The agrarian law fails
to
areas..
metropolitan
the urban function of ejido lands in
state
allows
This
their
maintain
ejido lands at the periphery of the
of
possession
to
middle-landlords
city
by
claiming that they were being cultivated. In so doing middlelandlords
while
constrain the supply of land for residential
use
CMDC to decide on the
the
preventing
uses
of
these
two
ways.
lands.
Conflicting
First,
it
avoiding
prompts
Second,
it
land illegally,
low-income
groups.
landlords and
rent
landowners to sell
the
land
illegally,
the lengthy judiciary process of clarifying
ownership.
their
ownership lowers land values in
with
regulations
encourages
subdivide
anticipating the threat of invasion by
Illegal
land subdivisions
low-income communities.
capital
minimum
and
landowners to
actual
do
not
44
both
Landlords extract land
investment;
provide
benefit
they
basic
escape
city
services
and
infrastructure.
Low-income
groups receive land at
low-cost
through invasion and their presence automatically lowers land
values.
organizations,
parties,
and
support the actions of both
invaders
and
political network of
The
boards
community
illegal developers.
to
escape the government requirements for provision of basic
It is the pressure from the community boards which
services.
utility companies and city authorities
leads
the
Political connections enable developers
of
process
and
services
illegal
to
legitimate
basic
land acquisition by providing
the
helping
invaders
to
upgrade
their
settlements.
Low-income
it
groups demand access to ejido lands
considered a public good whose social
is
with
equate
a
right to own it.
through The Agrarian Institute
(CMDC),
Yet,
should
function
National
The
because
they
government,
(INA) and the city
Government
allocate these ejidos to low-income
groups.
the process of ejido privatization is not contradictory
to a social
function because middle-landlords have subdivided
the
for
land
subdivisions
groups.
use
by
provide
This
low-income
a housing
alternative
groups.
alternative
is however,
Illegal
to
low-income
not the optimal
since the subdivisions are not provided with basic
Illegal
subdivisions
provision
technically
The
city
of
services
irrational
government,
usually take place in
and
road
or requires
as well
45
land
sites
services.
where
is
infrastructure
large capital
one
the
either
investments.
as housing agencies
work
on
small
budget;
they
resources to all
are
unable
to
commit
grow
for
limited
illegal settlements in the city.
City authorities should therefore,
illegal
their
control the sprawl
land subdivisions and invasions to allow the city
in
an ordered and planned process.
long-run
and short term land-use
This control
illegal
subdivisions
concerns
the development of
and
invasions.
to
calls
Short-term
planning.
planning policy recommendations concern existing
of
unserviced,
Long-run
planning
ejido lands at the periphery
of
the city.
SHORT TERM PLANNING
Short
term plannning in land development falls into the
area of housing upgrading. During the last decade, low-income
populations
living
in
illegal
subdivisions
settlements, have put an additional
as
calls
water,
for
or
invasion
pressure on services such
electricity and sewage.
This demand for services
a switch in
housing
emphasis on
provision
construction oriented policies to service provision.
from
Service
oriented policies should consider the following aspects:
1) Securing
tenure
for
the
majority
of
households
in
invasion settlements.
2)
Assigning
programming
top
and
priority
capital
to
trunk
investments
settlements.
46
infrastructure
within
illegal
3)
Extending credit mechanisms in the housing sector both for
upgrading
and
for
housing
construction
in
illegal
settlements.
4)
Extending technical assistance in the areas of settlement
design,
legal
housing
community
organization
and
aid.
Upgrading
of
construction,
a
programs,
large percentage of
city
government
for
Yet,
oriented
lands.
improve the living conditions
low-income groups,
and allow
to incorporate these populations
city's tax base.
service
will
into
use of
the
city authorities should supplement
policy
with a long-term policy
on
Revising the role of the city government in
the
the
ejido lands is central
a
ejido
planning
to access to land
by
low-income groups.
LONG RUN PLANNING
Currently,
the
CMDC
lacks the technical
administer ejido lands for urban uses. The social
ejido
lands
through
needs to be translated into an
capacity
function of
urban
function
institutions which are able to allocate ejido
according
to
to
population growth projections and other
lands
urban
land requirements.
To
require
priority
increase the technical capability of the
an
to
urban
development law which
the
efficient allocation of
would
ejido
CMDC
assign
lands.
will
top
In
achieving efficiency goals, the CMDC would assume a developer
47
role controlling the development and servicing of ejido lands
within
will
the boundary of the city.
As a developer,
lands having a potential for residential
An
urban
development
use.
law prescribing urban
ejido lands would allow the CMDC to acquire the
rights"
over
efficient
these
lands.
allocation
projection
needs
developments".,
and
of
The CMDC would
these
programs.
ejido
make
the
most
on
its
own
"rights
of
based
In using its
to
leased
(INA).
The
while
to
right
them by the National
A
purchase
Agrarian
ejido
Institute
on
to retain ejido land must be based
a
compensation
compensation mechanism would allow landholders
ejido lands while supplying this land for
housing.
Yet,
the
valuation
system
needs
supplemented with cadastral and registry offices
the
allowing
over
retain the rights of possession
valuation system establishing land prices and a
cost
residential
In other words, the CMDC will
for low-income housing
lands
lands,
mechanism.
for
These developments may be undertaken either by
ejido landholders or the CMDC.
landholders
uses
"development
the CMDC would earmark areas for
developments.
assign
lands
CMDC
provision
be able to finance service and infrastructure
in all
to
the
efficient
allocation
of
land
for
lowto
be
controlling
tax-purposes
and
the CMDC would purchase
the
compensating them for
the
avoiding ownership disputes.
In
ejido
a
second alternative,
land from the landholders,
improvements
made on their sites according to the
valuation
would
assume
allocating
an
this
alternative
administrative
as
a
increase
Development
in
for
producing
and
needs to
be
assessed
against
costs resulting from the organization of
corporation.
administrative
assuming a developer role,
land
role,
serviced land.
Yet,
CMDC
entrepreneurial
Given
the
costs resulting from
landholders developing
low-income groups is a
more
feasible
the
potential
the
CMDC
their own
strategy.
Private landowners would be able to develop the land for lowincome
groups
prices.
This
if
the CMDC was able to negotiate
would
make
it attractive to
low
land
landholders
to
engage in housing developments.
Yet,
land for
the ability of private landowners to provide
this
low-income developments is dependent upon the use of
flexible urbanization regulations which will lower standards.
These
standards should allow the gradual
services,
without
infrastructure
allow
a
capital
forcing
number of
finance,
to
Increased land supply,
opportunities
developers
and services at once.
larger
for
in
would then,
to
with
low-cost
basic
provide
Lower standards
landholders
engage
provision of
no
all
would
access
to
developments.
generate a wider range of
low-income groups in
formally
acquiring
land in Tegucigalpa.
The
currently
viability
of the above policy
dependent upon both the legal
recommendations
and
is
administrative
systems governing ejido lands. The ineffective administration
49
of
ejido lands will continue to encourage land invasion
illegal
land subdivisions unless, the function of
and
ejido lands
is redefined for the urban context. This redefinition implies
the integration of ejido lands into a legal framework stating
its
would
specific
assure
This
law
land in Tegucigalpa
for
role in the urban development
a long-term supply of
all urban uses.
50
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A
LES
B
PART I:
I
B L I 0 G R A P H Y
GENERAL
Adelman,
for
Irma,
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the International Community",
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and
Develooment
Strategies
in
A New Role
Management
Devel oping
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Alvarez V.J., M. de la Torre, and, J. Vallejo Bernal, "Notas
Para el Estudio Juridico: Institucional del Fenomeno
Urbanistico en Mexico", Revista Inter-Americana de
Planificacion
10, No.37, March 1976. pp. 37-53.
Amato, Peter Walter.
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Elite
Residential
Area
in
Bogota,
Colombia".
Unpublished
Ph.D.
Dissertation in Planning.
Cornell
University, Itaca, New York, 1968.
Blaesser, Brian W., "The Private Market and the Process of
Lower Income Urbanization in Colombia:
the
Private
Housing Submarket of Medellin", Unpublished Master's
Thesis, Department of Urban Studies and Planning,
M.I.T., 1979.
Browning, David. El Salvador. Landscage and Society.
London: Oxford University Press, 1971.
Caroll, Alan. Pirate Subdivisions and the Market for
Residential Lots in Bogota. Staff Working Paper No.
435. Washington, D.C.: World Bank, 1980.
Carr J.
and Smith Lawrence B.,
"Public Land Banking and the
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pp. 316-330.
Cornelius, Wayne A. The Imgact g
Citywad MigOration on Urban
Land and Housing MgCkets: Problems and Policy
Alternatives, Mexico City. Cambridge, MA: Center for
International Studies, Harvard-M.I.T., 1975.
Doebele, William A. "A Commentary on Urban Land Policy in
Sweden". Mimeo, Final Draft. World Bank, Washington,
D.C., 1974.
Land Readjustment: A Different Apgroach to
Financing Urbanization. Lexington, MA: D.C. Heath and
Co., 1982.
"Legal Issues of Regional Development", in
Planning Uragn Growth and Regional Devel ogent: The
Ejgcience of the Guayana Erogram of Venezuela by Lloyd
Rodwin and Associates. Cambridge, MA: M.I.T. Press,
1969.
"The Private Market and Low-Income Urbanization in
Developing Countries: The Private Subdivisions of
Bogota". Discussion Paper No. D75-11. Department Of
City and Regional Planning, Harvard University,
October, 1975.
"The Provision of Land
for
the Urban
Poor:
Concepts, Instruments, and
Prospects",
in
Land for
Housing the Poor ed. by Shlomo Angel, R.W. Archer, S.
Tanphiphat,
and
E.A.
Wegelin.
Singapore
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Books, 1983.
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Pglicy Issues and Oggretunities. Vol. 1. Washington,
D.C.: World Bank, 1978.
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Dunkerley, Harold, et al. Urban Land Policy Issues and
OgggCtunities. Vol.
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Washington, D.C.: World Bank, 1978.
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Hans-Dieter, "Urban Expansion and Landownership in
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Merida, Venezuela". Unpublished Master's Thesis, M.I.T.,
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53
Geisse, G. and F. Sabatini, "Studies in Urban Land Policy in
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Gilbert. A.G. "Pirates and Invaders:
Urban Colombia and Venezuela",
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los Asentamientos Urbanos Irregulares: el Caso de
Bogota",
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8gprgaches to the Analysis of Urban Issues, ed. by A.G.
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and the Residential Choice of Low-Income Households:
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1984.
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pp. 155-157.
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pp.19-40.
Hardoy, J., R. Balsadua, and 0. Moreno, "Urban Land Policies
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Harth-Deneke, Alberto, "Quasi-Legal Urban Land Subdivisions
in Latin America: A Solution or a Problem for LowIncome Families?", in The Residential Circumstances of
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"Towards
Alternative
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Urban
Strategies:
in
El
Salvador",
Unpublished
Ph.D
Dissertation.
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1978.
"Los Tres Submercados Informales o Populares de
Vivenda
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in
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Hague, Holland, 1981.
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Character of Squatter Settlements", in America Latina
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Ecodesarrollo, 1983.
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landownership
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its
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nal ysis of Urban
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Vol.
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PART II:
BACKGROUND
COPVIDU,
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de
la
Conferencia
Centro-Americana
Permanente
de Vivienda
y
Desarrollo
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San
Salvador, El Salvador, July 1983.
Diaz,
Irma,
Becerril
A.,
"El Problema de La
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en
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sus
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delivered
at
the
Encuentro
para
Dirigentes
Nacionales
de Cooperativas de Vivienda,
Siguatepeque,
Honduras, 1984.
Financiera
Nacional de La Vivienda,
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1975-1981",
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Gomez,
Martinez,
Gloria,
"Tenencia de la Tierra
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Juridicas y Sociales.
Universidad Nacional Autonoma de
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Hernandez
Domingues,
J..,
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Intentos iniciales de Implementacion
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Paper
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Marzo 1978.
Metroplan.
"Esquema Director de Ordenamiento
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