26
maintaining a diversity of recreational activities, services, and ecological preservation.119
The property, object of the expropriation, is located within said area (f.1146, merits);
b) the Report regarding the individual properties to be expropriated of April 12, 1998,
through which the Office of Valuations and Cadastres specified the properties to be
expropriated in order to consolidate the Metropolitan Park, including the property of the
heirs of Guillermo Salvador Chiriboga, “taking into consideration that the Planning
Commission and the Council will immediately study the delimitation of the mentioned
park.”
c) Official Letters No. 0911, 912, and 213 of July 5, 1988, through which the Municipality
informed the “Recorder of the Properties” of the approval of Report No. IC-88-134 of
June 16, 1988, “of the Commission of Expropriations and Auctions, declaring of public
interest, decid[ing] upon the expropriation, and authoriz[ing] to issue the agreement of
urgent occupation of the totality of the property of, [among others,] the [heirs] of
Guillermo Salvador Tobar […] affected with the works stated in the mentioned report,”
which are related to the expropriation of the expropriated lands, necessary for the
implantation of the Treatment Plant named “Bellavista,” contemplated in the Papallacta
Project, Parish Church of Caupicruz, El Batán, Quito. Likewise, the mentioned official
letter No. 0912 of the Municipality of Quito was recorded in the Registry of Prohibitions to
Transfer of July 6, 1988, ordering the prohibition to transfer the totality of the property
belonging to Mrs. Salvador Chirboga.
d) Ordinance No. 2776 of June 2, 1990, through which the Municipality of Quito defined
the city’s boundaries and “considered the Metropolitan Park to be an area of ecological
protection,” which is supposed to maintain the ecological balance, preserve the natural
landscape, and avoid urban development in areas with a high risk of natural disasters.
Said regulations acknowledge two management areas, an urban area and an area of
ecological protection, wherein agricultural, forest, and plant vegetation conservation uses
are permitted, and
e) Ordinance Nº 2818 of October 19, 1990, through which the new boundaries of the
Metropolitan Park in Bellavista de Quito were established and which defines the
metropolitan nature of the park, whose fundamental objective is to be a reserve and
provide for the clearing of the deficit in the consolidated urban areas, with a diversity of
recreational activities, services, and ecological conservation.
72.
This Tribunal notes that, pursuant with the mentioned acts of authority, prior to the
declaration of public interest, the piece of land belonging to Mrs. María Salvador Chiriboga was
limited in its use and enjoyment and restricted in regard to the possibility of construction of
buildings and alienation.120 As a consequence, the value of the property was affected in what
regards its commercial potential.121
73.
The Court concludes that, according to the essential characteristics of the property, as
well as the body of evidence, it can be concluded that it is a rustic piece of land, regarding the
absence of construction of buildings and certain alterations on the land, with specific
119
Because the city of Quito it has been shown that there exists an imbalance between urban and recreational
areas.
120
Pursuant to the Expert assessment of Vicente Domínguez Zambrano rendered on February 15, 2007, based
on the registrar of transfer prohibititions, folios 154, no. 409, tome 119, of June 28, 1988 and folios 158, no. 423,
tome 119, of July 6, 1988.(case file of annexes to the brief of motions and pleadings, folios 2034 and 2035).
121
Cf. Brief of the Mayor of Quito of June 28, 1991 addressed to the Government Minister (case file of annexes
to the brief of motions and pleadings, annexes 4 al 5, folios 1530 and 1531).