{"id":74589,"date":"2023-10-01T23:28:38","date_gmt":"2023-10-02T02:28:38","guid":{"rendered":"https:\/\/rioonwatch.org\/?p=74589"},"modified":"2023-10-09T23:29:11","modified_gmt":"2023-10-10T02:29:11","slug":"a-model-experience-for-the-global-south-puerto-ricos-community-land-trust-the-fideicomiso-de-la-tierra-cano-martin-pena","status":"publish","type":"post","link":"https:\/\/rioonwatch.org\/?p=74589","title":{"rendered":"A Model for the Global South: Puerto Rico\u2019s Community Land Trust, the Fideicomiso de la Tierra Ca\u00f1o Mart\u00edn Pe\u00f1a"},"content":{"rendered":"
\"\u201c...And<\/a>
\u201c…And for the first time we, residents, became authors of our future.\u201d Ca\u00f1o CLT members in front of one the community’s murals. Photo: Fideicomiso Ca\u00f1o Mart\u00edn Pe\u00f1a<\/figcaption><\/figure>\n

Clique aqui para Portugu\u00eas<\/i><\/span><\/em><\/span><\/i><\/span><\/a><\/p>\n

This is the latest in a\u00a0series of articles<\/a>\u00a0about Community Land Trust (CLT<\/a>) experiences around the world. We selected a few cases based on their potential to inspire others. These examples show how varied CLTs are despite always having the same basic structure: a nonprofit organization made up of residents owns the land in an area, while residents own or rent the homes themselves. Our objective is to present lessons learned from international experiences with CLTs, so we can reflect on how to reach the\u00a0model\u2019s greatest potential in Brazil<\/a> and overcome the challenges faced in other contexts. Here, we explore the experience of the Fideicomiso de la Tierra Ca\u00f1o Mart\u00edn Pe\u00f1a, a CLT located in the city of San Juan, capital of Puerto Rico.<\/h4>\n

Fideicomiso de la Tierra<\/a> was the Spanish name given to the first Community Land Trust (CLT) in Latin America<\/a>, by residents of the Mart\u00edn Pe\u00f1a communities of Puerto Rico<\/a>. The model was adopted in response to the perceived risk<\/a> of gentrification by residents when a project to dredge the Mart\u00edn Pe\u00f1a Channel was developed by local authorities. Located in the financial center of Puerto Rico\u2019s capital, San Juan, and based on their historic experiences and understanding of local dynamics, residents knew that public investment in the area would lead to a real estate rush. Unlike previous CLTs in the Global North, however, the Fideicomiso de la Tierra was designed to regularize consolidated informal settlements, rather than develop affordable housing from scratch.<\/span><\/p>\n

For decades the communities surrounding the Mart\u00edn Pe\u00f1a Channel faced major infrastructure challenges, in part due to the channel’s waters silting and frequently flooding homes. The government\u2019s proposal to upgrade the area included dredging the channel and individual land titling, intended, according to them, to improve living conditions for residents. Concerns abounded, however, regarding the probable appreciation of real estate and resulting gentrification<\/a> that would expel a significant portion of residents. <\/span><\/p>\n

\"A<\/a>
A house in the Ca\u00f1o destroyed by hurricane Maria.<\/figcaption><\/figure>\n

Discussions around this development project began in 2000, which ultimately led to the development of the Community Land Trust. Over 800 community meetings were held, during which the CLT model was identified as a potential solution, leading residents to fight for a law that ultimately allowed for the formalization of the Fideicomiso de la Tierra Ca\u00f1o Mart\u00edn Pe\u00f1a in 2004. The process was facilitated by ENLACE<\/a>, a public, limited-term corporation (25 years) created by the Puerto Rican government in response to community demand, to carry out the Ca\u00f1o’s economic and urban development. ENLACE works closely with residents via the G-8<\/a>, a community organization composed of leaders from the eight informal settlements comprising the Ca\u00f1o Mart\u00edn Pe\u00f1a and responsible for organizing and tracking project implementation and ensuring it is carried out in accordance with community demands. <\/span><\/p>\n

\"Development<\/a>
Development Plan for the Ca\u00f1o Mart\u00edn Pe\u00f1a district. Photo: ENLACE<\/figcaption><\/figure>\n

Residents and professionals involved in the project worked together to prepare a series of mechanisms, including the bill that was presented and approved by the legislature, Law 489-2004<\/a>. Known as the Comprehensive Development Law for the Ca\u00f1o Mart\u00edn Pe\u00f1a Environmental Planning District, it played a fundamental role in formalizing the Fideicomiso de la Tierra. Most housing was informal and built on public land, which made it difficult to implement the model. The new law meant the titles for publicly owned land in the region were transferred to ENLACE, which in turn transferred titles to the CLT\u2014the Fideicomiso de la Tierra\u2014once its regulation was established.<\/span><\/p>\n

During this transitional period, ENLACE was responsible for advancing the area\u2019s regularization. Residents acquired surface rights (individual titles to the buildings), while ENLACE retained the land titles. In the period from 2006 to 2008, many community workshops were held to develop the Fideicomiso General Regulations, eventually enacted in October 2008. Once the regulation framework was formalized, ENLACE transferred ownership of the land to the Fideicomiso by means of a formal deed. <\/span><\/p>\n

\"View<\/a>
View of Ca\u00f1o Mart\u00edn Pe\u00f1a and Puerto Rico’s financial district.<\/figcaption><\/figure>\n

The managing council of the Fideicomiso de la Tierra Ca\u00f1o Mart\u00edn Pe\u00f1a is composed of eleven members:\u00a0<\/span><\/p>\n