La consulta previa para el uso de la tierra destinada a la industria extractiva

Abstract

A propos of the recent constitutional reform enacted in Mexico regarding energy regulation, the legal system was radically changed opening the market to private companies, even fully incorporating the public companies to the market, both in hydrocarbons and electric energy. Also, bearing in mind the special regime of the soil, which grants certain protection to the land owned by indigenous people and/or farmers (Ejidatarios), the new behavior of the energy industry for land exploitation will impose the previous consultation mechanism and other negotiation instruments with the outmost respect for the rights and warranties of indigenous people and ejidatarios. In adition, with and older piece of legislation, we comment on the rights and warraties of those regarding mining industry. Therefore, the objetive of this research is to submit a general depiction of the previous consultation, now enforced on the energy industry for the use of the land. Bear in mind that this constitutional reform and the posterior Acts, are quite recent and still in the process of implementing them by the different legal operators.