10
thirty-eight days is the reasonable time to decide on expropriation lawsuits, in
accordance to the legal system. Furthermore, he mentioned that the “surcharge
on non-serviced building land” is a penalty established by law for the owners of
urban lots, for the fact that they did not build on such land and that the surcharge
makes sense when the property is located within the urban perimeters and it is
intended to punish the lack of building or to foster the building sites within a
certain Municipality.
c)
Fausto Gonzalo Estupiñán Narváez: Proposed by the State; appraisal
expert witness. He rendered his opinion regarding the different criteria used to
determine a fair price for the land subjected to condemnation. He indicated that,
in principle, the value of the market is the only one that serves as reference in
order to fix the value of the property. However, the expert witness pointed out
that in the case of appraisals of properties subjected to condemnation
proceedings, the value fixed will finally determine the payment of the
compensation and that, after such operation, the property is no longer a trade
object and therefore, losses its trade value. He added that there is still no official
proceeding to appraise the property under the laws of Ecuador.
B) EVIDENCE ASSESSMENT
Assessment on the Documentary Evidence
21.
In the case at hand, as in many other cases,22 the Court admits the evidentiary
value of such documents forwarded by the parties in the procedural stage that have not
been disputed nor challenged, or its authenticity questioned.
22.
The Tribunal admits into the body of evidence of the instant case, according to
Article 45 of the Rules of Procedure, the appendixes to the brief of arguments regarding
the preliminary objection filed by the representatives;23 the appendixes attached to the
joint expert opinion24 rendered by Mr. Armando Bermeo Castillo and Germán Carrión
Arciniegas; the documents forwarded by the State during the public hearing;25 the
appendixes to the brief of final arguments of the State;26 the documents submitted by
22
Cf. Case of Velásquez Rodriguez v. Honduras. Merits. Judgment of July 29, 1988. Series C No. 4, para.
140; and Case of Albán Cornejo et al., supra note 21, para. 29; and Case of the Saramaka People; supra note
21, para.66.
23
Namely: Photocopies of the official register Nº 80 of May 9, 2007, which contains the different orders
issued by the Supreme Court of Justice (record of the preliminary objection, merits, reparations and costs, V II,
p. 276 to 282).
24
Namely: Photocopies of some articles on the following pieces of legislation: a) Political Constitution of
the Republic of Ecuador; b) Act of the Municipal System (in force in 1991) and c) Civil Procedural Code (record
of the preliminary objection, merits, reparations and costs; Volume IV; p.557 to 564).
25
Namely: a) Resolution Nº 704 issued by the Metropolitan Council of Quito on September 27, 2007; b)
bill of the Basic Law for the Execution of Judgments rendered by the Inter-American Court of Human Rights and
implementation of friendly and compliance settlements agreed before the Inter-American Commission; c)
metropolitan ordinance Nº 181 issued by the Metropolitan Council of Quito on May 23, 2006 and d) file of
documents that contain the condemnation proceedings of the Municipality of Quito against María Salvador
Chiriboga (record of documents forwarded by the State during the public hearing, p. 4190 to 4348).
26
Namely: a) document named “report on proceedings finished as from the agreement of March 14,
2002" (record of the preliminary objection, merits, reparations and costs, V .V, p.816 to 818); b) maps and
photographs of the Municipality of Quito and the Metropolitan Park (record of the preliminary objections, merits,
reparations and costs, V. V, p. 819 to 826); c) document named “register of the regulatory maps for Quito and
the metropolitan district” (record of the preliminary objection, merits, reparations and costs; V V. p. 828 and
829) d) document named “charter of prices for the rural land of the Metropolitan District of Quito” (record of
the preliminary objection, merits, reparations and costs, V V, p. 830 and 831); e) document named
“characteristics of the eight archeological classes of lands” (record of the preliminary objection, merits,