Action of Unconstitutionality

Action of Unconstitutionality 18/2004 (2004)

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Action of Unconstitutionality

Mexico Supreme Court
Action of Unconstitutionality 18/2004 (2004)

Facts

Ten deputies (the deputies) (plaintiffs) of the Congress of Colima, Mexico, filed an action of unconstitutionality, seeking a declaration of unconstitutionality of the State of Colima’s Expropriation Act. The Expropriation Act defined expropriation as the state dispossessing a property owner for the public interest in return for fair compensation. The Expropriation Act did not define what qualified as a “public interest” that justified such expropriation. However, the state legislature identified certain categories of public interest served by the act, including the creation and promotion of business to serve the state and to promote tourism. The deputies alleged that without a definition of “public interest,” the Expropriation Act violated Article 27 of the Constitution of Mexico. The deputies also alleged that the government intended to use the Expropriation Act to implement a state development plan seeking to develop tourism zones throughout Colima. The deputies argued that expropriation under the Expropriation Act aimed at creating businesses and industrial parks was unconstitutional, as it merely benefited the owners of these businesses and industrial parks.

Rule of Law

Issue

Holding and Reasoning (Silva Meza, J.)

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