20 Covering 45 hectares, 32 ares, and 22.31 centiares … 93. Through resolution No. 213-2001 of September 26, 2001, the Executive Director of the INA resolved “to adjudicate to the Community Council for the Improvement of the Community of Triunfo 68 de la Cruz, definitively and free of charge, a nationally owned area of land consisting of three lots” . According to the information at the IACHR’s disposal, those lots correspond to the aforementioned Areas A2, A3, and A4 and altogether comprise 234 hectares, 48 ares, and 76.03 centiares. The IACHR further notes that the “A1” lot, which is regarded as within the urban perimeter of the Municipality of Tela, was not included in the expansion. Pursuant to that resolution, on September 27, 2001, the INA granted “definitive fee simple title to the Community Council for the Improvement of the Community of Triunfo de 69 la Cruz.” That title, which is in the IACHR file, establishes that: The INA transfers ownership, possession, easement, appurtenances, uses, and other rights in rem inherent to the real estate…. This title deed is the inalienable heritage of the beneficiary community, except in cases in which transfer of ownership is effected for the purpose of building housing for the members of that community who have no dwelling; likewise, transfers of ownership by home-owners must be to members of the community. In both cases, approval by the Management Board of the Community Council, is required and must figure in the ownership transfer deed. The Community Council shall have first option to purchase ownership of houses put 70 up for sale. . 94. The IACHR notes that said title was granted pursuant to Article 346 of the Constitution of the Republic, Article 92 of the Agrarian Reform Law amended by the Law to Modernize and Develop the 71 Agricultural Sector, and ILO Convention 169. 95. Subsequently, at the Community’s request, the title deed was amended with a view to it being granted in favor of the “Garífuna Community of Triunfo de la Cruz,” rather than the Community Council. Likewise, a phrase was added to the above-mentioned paragraph, to read as follows: The Community Council shall have first option to purchase ownership of houses put up for sale, but may not sell to third person individuals or juristic persons; it may only sell to members of the 72 beneficiary Garífuna community.” 96. From the above, the IACHR observes that since 1950 the State of Honduras granted fee simple and “guarantee of occupancy” deeds to the Community and its members, recognizing its 68 Annex !6. Resolution No. 213-2001 dated September 26, 2001. Application No. 57426 submitted to the National Agrarian Institute, pages 133 and 134. Annex B to the State's writ containing its observations on the merits, dated March 8, 2007, received by the IACHR on March 9, 2007. 69 According to that title, the lots have the following boundaries and are of the following sizes: "Lot 1, one hundred and fifty-five hectares, eighty-two ares, seventy-four point seventy-four centiares (155 hecates, 82 ares, and 74.74 centiares). NORTH: Mangrove swamp in the Punta Izopo National Park and the Tela urban radius. SOUTH: Cerro El Tigre EAST: Mangrove swamp in the Punta Izopo National Park WEST: Tela urban radius. "Lot 2, thirty-three hectares, thirty-three ares, seventy-eight point ninetyeight centiares (33 hectares, 33 ares, and 78.98 centiares). NORTH: illegible SOUTH: Mangrove swamp in the Punta Izopo National Park EAST: Mangrove swamp in the Punta Izopo National Park WEST: Caribbean Sea until the highest tide line. Lot 3 covering forty-five hectares, thirty-two ares, twenty-two point thirty-one centiares (45 hectares, 32 ares, and 22.31 centiares). NORTH: Caribbean Sea until the highest tide line SOUTH: Río Hicaque EAST: Mangrove swamp in the Punta Izopo National Park WEST: Caribbean Sea until the highest tide line." Annex !4. Definitive full ownership title granted by the National Agrarian Institute on September 27, 2001. Appendix 8 of the petitioner’s written communication of May 23, 2006, received by the IACHR on May 30, 2006. 70 Annex 14. Definitive full ownership title granted by the National Agrarian Institute on September 27, 2001. Appendix 8 of the petitioner’s written communication of May 23, 2006, received by the IACHR on May 30, 2006. 71 Specifically, reference is made to Articles "1, 5, 8, 135.b, 144.a and g of the Agrarian Reform Law of 92 and of the same body of law amended by Decree 31-92 of the National Congress, containing the Law on the Modernization and Development of the Agricultural Sector." 72 Annex !4. Definitive full ownership title granted by the National Agrarian Institute on September 27, 2001. modified on October 6, 2001. Application No. 57426 submitted to the National Agrarian Institute, pages 153 to 155. Annex B to the State's writ containing its observations on the merits, dated March 8, 2007, received by the IACHR on March 9, 2007.

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