24
the land is within an area of ecological protection and recreation, whose use and occupation is
limited and totally restricted to the needs of the Metropolitan Park.105 Therefore, even though
the State takes into account the location of the expropriated property as a criterion to
determine the just compensation,106 it makes prevalent the juridical limitations to the use of
the property imposed by the regulations of the Municipality of Quito.
67.
This Court points out that the determination of the valuation of a property object of
expropriation for environmental reasons may depend on several elements, and it is not always
adequate to evaluate it in comparison with properties on the market that do not present the
same characteristics. Therefore, this Court considers that, in the present case, to determine
the value of the property object of the expropriation all its essential characteristics107 must be
taken into consideration, that is, natural (such as their location or their topographic and
environmental characteristics) and legal (such as the limitations or possibilities of the use of
the terrain and its purpose).
68.
With regard to the natural characteristics of the property, the Court observes that
Vicente Domínguez Zambrano in his report, as well as in its amplification,108 also stated that
“the property could not be used for urbanization due to the municipal hindrance and resolution,
but not because of the feasibility conditions, consolidation of the land, and many other
physical, topographic, and landscaping characteristics, as well as many other conditions that
grant it a privileged attraction and requirement.”109 Likewise, he indicated that the property
“cannot be urbanized, it is rustic, and two high-tension electricity transmission lines go
through it […], which if destined for urbanization would affect it for the erection of buildings,
but not if used as green areas and gardening.”110 The expert Manuel Silva Vasconez made
reference to the fact that according to the cadastral sheet “it is of an irregular form, with a
variable topography and a moderate slope in an East-West direction, it does not have
infrastructure works or services, it is located in front of the [u]rbanizations that have been
developed in the sector.”111 The expert Gonzalo Estupiñan Narváez expressed that “due to its
location in the outskirts of the city or within the urban areas it is not adequate to establish a
purely rural value, thus it is necessary to determine a method that will also consider its urban
location.”112 The expert report offered by Jakeline Jaramillo mentioned that this property has
excellent characteristics and made emphasis on its urban vocation due to the specific
conditions of location, infrastructure, and services in the area, its soft relief and landscaping
105
Cf. Answer to the application, case file of Merits, tome II, folio 226.
106
The State acknowledges that “because of its location on the outskirts of the city or within urban areas, it is
not appropriate to set a value that is distinctly rural, which is why it is necessary to determine a method that takes
into consideration its urban location.”
107
Cf. Eur. Court. H.R., Case Kozacioglu v. Turkey. Judgment of February 19, paras. 71 and 72.
108
Cf. Expert assessment and Expansion of the expert assessment of Vicente Domínguez Zambrano, supra note
26, folios 3960 to 4000.
109
According to the expert, the value of a property is determined by its location, the provision of infrastructure
and equipment, the density of land use, the socioeconomic status of the area (which is of high value in this case) and
the demand for builders (Expansion of the expert assessment of Vicente Zambrano, supra note 26, folios 3964 and
3965).
110
Moreover, it was noted that “the property is also partially affected by an underground matrix line that
transmits potable water [...] that crosses the property [...] which affects buildings and high forestation, but not
gardening and green spaces (Expansion of the expert assessment of Vicente Zambrano, supra note 26, page 3965).
111
Cf. Expert assessment of Manuel Silva Vásconez, supra note 33, folio 651, based on folio 12 of the cadastral.
112
Cf. Expert assessment of Gonzalo Estupiñán Narváez (final arguments of the State, case file of Merits, tome V,
folio 809).