EL PODER JUDICIAL EN LA OPERATIVIDAD DE LA PLANEACIÓN URBANA EN EL ESTADO DE MICHOACÁN AL INICIO DEL SIGLO XXI

Abstract

This investigation addresses quotidian problems linked to the implementation of urban planning in Mexico, specifically the close relation it has with one of the three pillars in which power is divided in the country: the judiciary. Linked with other agents -such as notaries public and other authorities involved in the regularization of land tenure- they directly impact the configuration of cities, facilitating the reproduction of capital and its concentration in a few hands. This takes place in the State of Michoacan; however, the case of the region under study “La Ciénega de Chapala” (Chapala’s swamp) is particularly relevant because it has become a low cost high profit urbanization option for developers. Nonetheless, local governments must face the problems and costs associated with this kind of urbanization, as well as the community which ultimately pays taxes and does not always get the benefits in terms of public service provision. This study is structured in six chapters. In them, in addition to describing the research problem, the workings of urban development and its impact in the metropolitan limits of the cities of Sahuayo, Jiquilpan, and Venustiano Carranza –all in the State of Michoacán- are documented. A description of the research problem, its initial questions, objectives and justification are part of the first chapter. It also includes the hypothesis, namely: “One of the main causes of non-compliance with regulations regarding cities’ ordering in the State of Michoacan is the existence of certain legal mechanisms which, based on a legal framework on property rights (positive prescription, issuing information sheets and official letters ad perpetuam instead of property titles, cataloguing unregistered lands in the cadastre, and shared ownership trials), enables developers to resort to judges, notaries, and lawyers to apply such criteria and elude urban legislation”. Considering that the main pillar of urban development is “the soil”, analyzing variables that impact on lands since the beginning of human existence up to our days is crucial. Especially relevant is the role of lands in shaping emerging capital cities, particularly its usufruct as commodity, generating important profits for speculators and developers in detriment of poor population groups with housing needs. These reflections are discussed in the second chapter, based on a review of the leading experts in the field, approached from a structuralist standpoint. In Chapter III we address the modern normative framework for territorial ordering of cities in Mexico, as well as economic development and social relations in metropolitan areas. Regulations include major laws governing urban development with particular attention to the studied area, ranging from the Mexican Constitution down to local rules and laws in Michoacan. Given that the nodal topic of this thesis is directly linked to urban planning, this area is included in the research; its process in Mexico, advances and drawbacks, as well as performance in terms of territorial ordering objectives considering the role of the government body responsible for it, the Social Development Secretariat. Urban planning in the State of Michoacan is also addressed, evaluating the State’s agency and highlighting the situation in municipalities. This subject matter comprises chapter IV. The following chapter deals with urban development from a regional perspective. At State level, in the Sahuayo-Jiquilpan-Venustiano Carranza region, it considers its main characteristics and challenges. The last chapter, fundamental in this investigation, looks at the actions through which developers circumvent the law in the development of housing complexes. Given these irregularities, the intervention of the judiciary is required. Although it rules in favor of beneficiaries, this takes place at the expense of urban planning. The section unravels the actions of the judiciary, which de facto hamper urban control attempts by the State government and municipalities. This is our research object, legal mechanisms used to bypass urban development laws. Finally, and as comparison, the situation in the State of Jalisco is addressed, finding similarities and an even greater complexity.