29 after 19 years of the declaration of public interest and up to this date, the victim has not received any compensation whatsoever for the expropriation of her property, but to the contrary, the State continues to collect taxes and fines for the lack of building constructions on said property (ínfra para. 114). 79. On the other hand, the Court points out that the Metropolitan Park of Quito is a recreational and ecological protected area of importance for the city, with a high population density,132 representing more than 55% of the city’s green areas.133 It is considered the “main lung of the city,” since it maintains the balance of the ecosystem, adding great value given the wild flora and fauna.134 Likewise, it is currently the “country’s greatest forest” reserve “managed as an urban park.”135 At the same time, it is important to point out that the property object of the expropriation represents 11%136 of the park’s total surface. All this must be duly assessed. c) Determination and payment of the just compensation 80. Based on the aforementioned, and pursuant to paragraph 98 of the Judgment on Merits, the Court will determine “the market value of the expropriated property prior to the declaration of public interest[,] seeking to achieve the just balance between the public interest and the private interest.” 81. In attention to the claims of reparations, the Court assessed in its totality the evidence presented by the parties, and the work and conclusions of the different expert opinions, those of which vary and are even dissenting. All of them provide useful elements, but none of which is decisive in a comprehensive manner. Therefore, the Tribunal considers these opinions as elements that help establish the standards set in the present Judgment. 82. Regarding the property’s essential nature, the Court determined that the property is rural with specific characteristics due to its urban location (supra para. 73), which had a series of juridical limitations in place prior to the declaration of public interest. In this sense, Ordinances No. 2092 of 1981, and No. 2676 and No. 2818 of 1990 defined, as of said dates, certain areas as part of the Metropolitan Park of Quito, as well as other areas of ecological protection, where only agricultural and forest uses, as well as the conservation of the natural vegetation, would be permitted. Due to said regulations as well as other administrative acts, the property could not be urbanized, nor could edifications be erected nor could it be 132 The urban population of Quito corresponds, pursuant to the last census in 2001, to 1.399.378 persons. Source: National Statistics and Census Institute [Instituto Nacional de Estadísticas and Censo] INEC, http://www.inec.gov.ec (last visited on March 3, 2011). 133 Comparing the statistics regarding public green spaces in Quito from 1990 and 1993, it is evident that the presence of the Metropolitan Park of Bellavista more than doubled (55.4%) the total area of green spaces in the city. (Total in 1990: 460 hectares; total in 1993: 1031 hectares). Source: Food and Agriculture Association of the United Nations, http://www.fao.org/docrep/w7445s/w7445s04.htm (last visited on November 4, 2010). 134 Cf. Indications by Expert Edmundo Gutiérrez del Castillo, supra para. 39, folio 1730. Moreover, pursuant to that note din the Ordinance No. 2776: “the Park […] is an area destined to be maintained in harmony with the environment, to preserve the natural landscape, and to avoid urban development in areas of high volcanic, seismic, topographic, and morphodynamic risk,” (case file of annexes to the application, folio 1147). 135 Site “Metropolitan Park Guangüiltagua,” General Information, http://www.parqueMetropolitan.ec/home/contenidos.php?id=21&identificaArticulo=169 (last visited on November 4, 2010). 136 From Ordinance No. 2818 (Art. 2) it is evident that “surface area of the Metropolitan Park in Bellavista is approximately 571,16 has”” (case file of annexes to the brief of motions and pleadings, folio 1720). As such, the property of María Salvador Chiriboga of 64,6 has corresponds to approximately 11% of the total surface area of the Park.