Under the Treaty of Guadalupe Hidalgo in 1848, which formally ended the Mexican-American War, the United States assumed control over vast new territories, including much of what is now the state of New Mexico. The United States agreed to recognize ownership of property, including the ownership of land grants, in the ceded areas. Whether the United States carried out the provisions of the treaty, especially with regard to community land grants, has been a controversial issue for generations. Land grant documents contained no direct reference to "community land grants," nor do Spanish and Mexican laws define or use this term. GAO did find, however, that some grants refer to lands set aside for general communal use or for specific purposes, such as hunting, maintaining pastures, wood gathering, or watering. Scholars, the land grant literature, and popular terminology commonly use the phrase "community land grants" to denote land grants that set aside common lands for the use of the entire community. GAO used this broad definition to determine which Spanish and Mexican land grants could be identified as community land grants. GAO identified 152 community land grants out of 295 land grants in New Mexico. GAO divided these community land grants into three distinct types: 79 of these were grants in which the shared lands formed part of the grant according to the original grant documentation; 51 were grants that scholars, grantee heirs, or others believed to contain common lands; and 22 were grants extended to the indigenous pueblo cultures in New Mexico.

Until the mid-nineteenth century, Spain made land grants to towns and individuals to promote development in the frontier lands that now constitute the American Southwest. Under the Treaty of Guadalupe Hidalgo, which ended the Mexican-American War, the United States agreed to recognize ownership of property of every kind in the ceded areas. Many people, including grantee heirs, scholars, and legal experts, still claim that the United States did not protect the property of Mexican-Americans and their descendants, particularly the common lands of community grants. Land grant documents contain no direct reference to "community land grants," nor do Spanish and Mexican laws define or use this term. GAO did find, however, that some grants refer to lands set aside for general communal use or for specific purposes, including hunting, pasture, wood gathering, or watering. Scholars, the land grant literature, and popular terminology commonly use the phrase "community land grants" to denote land grants that set aside common lands for the use of the entire community. GAO adopted this broad definition in determining which Spanish and Mexican land grants can be identified as community land grants. GAO identified 154 community land grants out of the total of 295 land grants in New Mexico. Seventy-eight were grants in which the shared lands formed part of the grant according to the original grant documentation; 53 were grants that scholars, grantee heirs, or others believed to contain common lands; and 23 were grants extended to the indigenous Pueblo cultures in New Mexico.

GAO-01-951 Treaty of Guadalupe Hidalgo: Definition and List of Community Land Grants in New Mexico

From the end of the seventeenth century to the mid-nineteenth century, Spain (and later Mexico) made land grants to individuals, towns, and groups to promote development in the frontier lands that now constitute the American Southwest. In New Mexico, these land grants fulfilled several purposes: to encourage settlement, reward patrons of the Spanish government, and create a buffer zone to separate hostile Native American tribes from the more populated regions of New Spain. Spain also extended land grants to several indigenous pueblo cultures, which had occupied the areas granted long before Spanish settlers arrived in the Southwest. Under Spanish and Mexican law, common land was set aside as part of the original grant for the use of the entire community. Literature on land grants in New Mexico and popular terminology generally distinguish between two kinds of land grants: community land grants and individual land grants. Our research identified a total of 295 grants made by Spain and Mexico during this period. Appendix I contains a list of these grants.

GAO-01-330 Treaty of Guadalupe Hidalgo: Definition and List of Community Land Grants in New Mexico (Exposure Draft)

GAO-01-330 Treaty of Guadalupe Hidalgo: Definition and List of Community Land Grants in New Mexico (Exposure Draft)

Signed in 1848, the Treaty of Guadalupe Hidalgo ended the war between the United States and Mexico and gave a large portion of Mexico’s northern territories to the United States. The language of the treaty was designed to deal fairly with the people who became residents of the United States by default. However, as Richard Griswold del Castillo points out, articles calling for equality and protection of civil and property rights were either ignored or interpreted to favor those involved in the westward expansion of the United States rather than the Mexicans and Indians living in the conquered territories.