23 105. The IACHR observes that, as a consequence of the expansion of the urban core, a public 83 deed was issued regarding the area allocated to the Municipality on January 30, 1992 and registered in 84 the Real Estate and Commercial Registry in Tela. As a result of that document, the lands ancestrally occupied by the Garífuna Community of Triunfo de la Cruz that were included in the expansion of the inner core were henceforth regarded as urban lands (ejido urbano), administered by the Municipality of Tela. 106. The expansion of the Municipality’s urban core was done without consulting the Community. On that, the President of the Community Council from 1990 to 1992 commented that: The urban core of Tela was expanded by the Mayor’s Office, headed by Mr. Inés Tinoco, during the Ancona del Hoyo Presidency. […] When we [members of the Community Council] realized that that was the Mayor’s intention, we objected, but it was too late, because the Municipal Decree 85 expanding Tela’s urban core had already been issued. 107. The Commission notes, based on the information in the file, that by virtue of the 86 expansion of its urban core and under its interpretation of Article 70 of the Municipalities Law, the Municipality transferred plots pertaining to the ancestral territory of the Garífuna Community to private individuals. a) The Tela Municipality, IDETRISA, and the Marbella project Summary of the facts alleged in the complaint. Annex 44 of the initial petition dated October 27, 2003, received by the IACHR on October 29, 2003. As for information regarding the inclusion of the 126.40 hectares granted by the National Agrarian Institute in guarantee of occupancy, see Annex 20. Document titled “La Comunidad histórica del Triunfo de la Cruz fundada el 3 de mayo de 1524 lugar donde se encuentra el histórico Cerro Triunfo de la Cruz” [The historic Community of Triunfo de la Cruz, founded on May 3, 1524 where the historic Cerro Triunfo de la Cruz site is located] , produced by the Land Defense Committee of Triunfo de la Cruz. Annex 12 of the initial petition dated October 27, 2003, received by the IACHR on October 29, 2003. 83 Annex 21. Notarized deed No. 9 dated January 30, 1992. Annex 9 of the initial petition dated October 27, 2003, received by the IACHR on October 29, 2003; and Annex ? of the document containing the State's observations on the merits, dated March 8, 2007, received by the IACHR on March 9, 2007. 84 Annex 9. Memorandum of the Honduran Tourism Institute dated March 6, 1996. File 2000-81 with the National Agrarian Institute, pp. 243 to 247. Appendix 7 of the petitioner’s written communication of May 23, 2006, received by the IACHR on May 30, 2006. 85 Annex 4. Statements taken by the Principal Prosecutor in Tela. Annex 19 of the initial petition dated October 27, 2003, received by the IACHR on October 29, 2003. Annex 20. Document produced by the Land Defense Committee of Triunfo de la Cruz titled “La Comunidad histórica del Triunfo de la Cruz fundada el 3 de mayo de 1524 lugar donde se encuentra el histórico Cerro Triunfo de la Cruz” [The historic Community of Triunfo de la Cruz, founded on May 3, 1524 where the historic Cerro Triunfo de la Cruz site is located]”. Annex 12 of the initial petition dated October 27, 2003, received by the IACHR on October 29, 2003. Annex 2. Study by the Caribbean Central America Research Council on the “Ethnography of the Triunfo de la Cruz Community”. p.78. Appendix 1 of the petitioner’s written communication of May 23, 2006, received by the IACHR on May 30, 2006. Annex 22. Communiqué of the Management Board of the Community dated April 10, 2007. Annex of the petitioner’s written communication dated April 19, 2007, received on April 20, 2007. 86 Article 70, first and second paragraphs, Decree No. 018-90, no the Municipalities Law: Urban communal land real estate, private possession of which has not been legalized, is hereby transferred in full ownership to the municipalities who urban perimeter is already demarcated when this law enters into force. Without prejudice to the provisions of this Article, in the case of urban communal land real estate in the possession of private individuals who do not however have full ownership, the municipality may, at the request of those individuals, grant full ownership in return for a sum of money to be determined by the Municipality, which price shall not be less than ten percent (10%) of the most recent registered value or, failing that, of the real value of the real estate, exclusive, in both cases, of improvements made at the possessor's expense. In the case of urban properties located in marginalized areas, the value of the real estate shall be the price, which shall not be more than 10% of the Registry value of the real estate, exclusive of improvements made by the possessor. No one may purchase more than one lot of 500 square meters in marginalized areas. Excepted from the foregoing provisions are urban communal lands acquired by individuals or juristic persons through State or municipal concessions, which lands shall be transferred to the Municipality once the concession period expires. Municipalities Law, adopted through Decree No. 134-90of November 19, 1990 and amended by Decree No. 125-2000 of October 6, 2000. Source: Judiciary of Honduras. Electronic Center for Judicial Documentation and Information - CEDIJ. Available at: http://www.poderjudicial.gob.hn/institucional/organizacion/dependencias/cedij/Leyes/Documents/LEY%20DE%20MUNICIPALIDAD ES.pdf..