The Spanish king or his representatives conveyed
land to individuals, groups and towns through a
system of land grants, or mercedes,
in order to promote settlement on the frontier.
Spanish authorities used the system in
Florida, California,
Texas,
Arizona and New Mexico.
There were more than 150 community land grants
totaling 9.3 million acres awarded by first the
Spanish and then the Mexican governments.
There were two kinds of grants – the private grant
given to an individual, who was required to live on
the land and improve it for four years before
receiving title, and the grant to settlers for a new
town. Members of the community grant could own a
small piece of farmland along an irrigation ditch,
but most of the land was held in common for grazing,
wood cutting or other uses.
In New Mexico,
land grants were issued to encourage settlement, to
reward patrons of the Spanish government and
military officers, and to create a buffer zone
between Indian tribes and populated areas.
Spain
also issued land grants to several Indian Pueblo
groups who had occupied the areas long before
Spanish settlers arrived. In the
Albuquerque
area the Spanish governor awarded grants to the
Pueblo de Sandia and the Pueblo de Isleta. The
Spanish also enforced the Four Square League law,
which required that the land surrounding an Indian
pueblo be allotted to that pueblo for one league in
each direction from the pueblo.
No grant could cover this land. This set up
political and ethnic boundaries for the Pueblo
Indians and helped sustain
Pueblo cultures.
In New Mexico,
there were two types of Spanish and Mexican land
grants – community land grants and individual land
grants.
Community land grants were typically organized
around a central plaza, and each settler received an
individual allotment for a household and a tract of
land to farm; common land was set aside for use by
the entire community. Spanish and Mexican law
usually authorized the local governor to make such
community land grants, and the size of each grant
was at the governor’s discretion.
Individual land grants were made in the name of
specific individuals. Again, the governor could also
make this type of grant.
Atrisco Land Grant
Long before “La Villa de Alburquerque” ever
appeared on a Spanish map, settlers were farming and
raising livestock at Atrisco, on the western bank of
the Rio Grande.
Its agricultural tradition continued at least until
World War II, when descendents of these settlers
contributed wool to make army blankets.
In 1692, the same year Don Diego de Vargas
reconquered New Mexico
following the Pueblo Revolt, the government of
Spain
granted 41,533 acres to Don Fernando Duran y Chávez
in a place where his father, Don Pedro, once lived.
The grant was payment for Don Fernando’s services
during the reconquista, the reconquest. Known
as the Atrisco Land Grant, it was the first of more
than 300 such grants in the
Province of Nuevo
Mexico.
The name “Atrisco” stems from a Nahuatl word
“atlixo,” which translates as “surface of a body of
water.” (De Vargas had Nahuatl Indian auxiliaries
with him.)
In 1703 the provincial government recognized the
small community of Atrisco settlers as a town, which
is why Atrisco celebrated its Tricentennial in 2003.
Atrisco was administratively supervised first by
Bernalillo and, after 1706, by
Albuquerque. Settlers built
their haciendas along the
Rio Grande. Here they grazed
sheep and cattle on the lush grasses in the valley.
They cultivated and irrigated land to grow corn,
chile, wheat, squash, alfalfa, and beans.
By 1760 more than 200 people were living in Atrisco.
As land disputes proliferated, settlers asked for
and got another 25,958 acres. Atrisco now extended
from the Rio Grande
to the Rio Puerco, testimony to the abundance of
grasslands in those days. They established a second
village, San Ignacio, on the Rio Puerco.
Growth and
development in the area during the 1800s didn’t
affect Atrisco; in fact, construction of the
railroad in 1880 provided new markets to the Atrisco
cattle and sheep growers. Atrisco thrived.
Other Area Land Grants
After Tiwa Indian people abandoned Alameda
Pueblo, the governor in 1710 made a large grant of
the land to Captain Francisco Montes Vigil as a
reward for military service. Two years later he sold
the grant to Juan González. (His extensive corrals
on the other side of the river gave the
village of Corrales
its name.) Smaller grants were given to families for
ranchos. They became the
village of Alameda.
In 1712 a 70,000-acre grant was made to
Captain Diego Montoya. Soon after, it was conveyed
to Elena Gallegos, the widow of Santiago Gurulé. (In
colonial New Mexico
women often took back their maiden names when they
were widowed.) The grant stretched from the southern
boundary of Sandia Pueblo to the northern boundary
of the Villa de Alburquerque and from the river to
the mountains. After her death, the grant passed to
her son, and after he died it was parceled out among
heirs. Like other grants, it was divided into strips
so that each strip had access to the river. In time
some of the lands were sold, but the portion on the
East Mesa and in the mountains was held
and used in common. Anyone owning the smallest
portion of land could pasture a flock there.
In 1982 the City of
Albuquerque
acquired the remaining 7,761 acres in one of the
most complex transactions in city history. The city
then turned it over to the U.S. Forest Service to be
included in Cibola
National Forest.
The portion of the grant in the
North Valley
soon held a group of farms known as Ranchos de
Albuquerque. Other small settlements took the names
of their leading families – Los Griegos, Los
Montoyas, Los Poblanos and Los Gallegos. (Los
Poblanos was named for the Armijo family, who had
come from Puebla in Mexico after 1811.)
Another grant was the one made in 1762 to 19
residents of the Cañon de Carnué (Tijeras
Canyon). They
established a village at the mouth of the canyon.
In 1846 the United
States and
Mexico fought a war
over boundaries, which ended in 1848 with the Treaty
of Guadalupe Hidalgo. In this treaty the
United States
agreed to recognize land grants made by the Spanish
and Mexican governments in New
Mexico and five other
western states.
The United States
established a system to establish land ownership.
The U.S. Surveyor General in
New Mexico
in 1854 would begin reviewing claims and was to make
recommendations to Congress. After Congressional
confirmation, deeds would be issued. The Surveyor
General soon faced a welter of difficulties.
Land tenure and ownership patterns were very
different in Mexico
and the United States.
The American system viewed the earth's surface as an
imaginary grid laid out on a piece of paper, and
cartography and surveying were used to identify
physical features of a particular parcel. Land was
defined by range, township and section numbers.
By contrast, the Mexican and Spanish systems were
based on a rural, community-based system of land
holding prevalent in medieval Europe
and not on fee simple ownership. Land was viewed
more in its relationship to the community, although
parcels could be sold to individuals after the land
had been used and inhabited for a certain number of
years. Land was used primarily to provide sustenance
to the local population, rather than as a commodity
that could be exchanged or sold in a competitive
market.
Compounding these differences was the fact that New
Mexicans didn’t speak English and were unfamiliar
with the U.S.
legal system and American culture. The situation was
ripe for fraud, and scoundrels of all kinds slipped
in to take advantage of the confusion and make
claims. In some instances unscrupulous attorneys
demanded huge fees to clear titles; when clients
couldn’t pay, they accepted payment in land.
The Surveyor General found that many boundaries
could no longer be found. Some grants overlapped.
Owners had lost their original papers. Ultimately
the Surveyor General and later the Court of Private
Land Claims ruled on 282 grants totaling 34.6
million acres. It rejected most of the claims.
New Mexico still has 22 land
grants of 200,000 acres.
The Atrisco Land Grant today
In 1892, after the Territorial Legislature
passed a law allowing community land grants to
incorporate, the 225 Atrisco descendents acted, and
the Town of Atrisco
became a community land grant corporation, which
validated its two land grants in court two years
later. It was one of the first incorporated towns in
New Mexico in 1892.
Atrisco avoided the fate of other
New Mexico land grants,
although for many years there were disputes between
heirs.
In 1967 the Legislature allowed the Atrisco Land
Grant to form a private corporation, Westland
Development Co., to take over common lands, and
heirs of the original settlers received shares in
the company. Shares can only be transferred to other
heirs. Today Westland
manages about 57,000 acres of Atrisco’s land
holdings.
The Atrisco Land Grant is one of the oldest
continuous existing land grants in the
United States and
one of the only Spanish Colonial grants still
presently owned by the heirs of the original
settlers.
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