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deprived her of fifty per cent of the total lands she used to own. She said that,
due to the financial need and a serious health condition, she accepted three
parcels of land from the Municipality of Quito; however, one of them was a green
area or park inside a developed area that is why she could not occupy this one.
Finally, she stated that she had not try any legal proceedings against the
Municipality of Quito since she knows the Municipality always delays the
proceedings in its favor in order for the owner to get tired and negotiate with the
Municipality, appearing to be legal.
e)
Edmundo Gutiérrez del Castillo: Proposed by the Commission and the
representatives; technical expert witness of the Office of the Public Prosecutor and
of the Chamber of Commerce and Construction Mediation Center (Centro de
Mediación de las Cámaras de Comercio y de la Construcción). He referred to
certain parameters for the assessment of the land and real estate. He gave his
opinion regarding the actual value of the plots of land and real estate in the city of
Quito and he considered that the lands located in the west part of the
Metropolitan Park, including the property of Salvador Chiriboga siblings, have
some characteristics that allow assessing the value in ninety United States dollars
per square meter. Lastly, he mentioned that there is an approximate difference of
70% between the official appraisals made by the Municipality and the commercial
costs of the lands and buildings.
f)
Julio Raúl Moscoso Álvarez: Proposed by the Commission and the
representatives; expert in Ecuadorian law. He referred to the nature of the
declaration of public utility, on the requirements needed to carry out a
condemnation and the ways to challenge such legal concepts. Furthermore, he
made reference to the requirements for the injuriousness claim and the way the
administrative resolutions are challenged. He mentioned the reasons and the
effects inherent to the dismissal of a judge from hearing a case. Within the tax
environment, he gave her opinion regarding the different types of taxes on real
property. He referred to certain criteria to guarantee the due process at
administrative and judicial venues. According to his opinion, the delays in
condemnations proceedings have no legal explanation since they are supposed to
be simple legal procedures. However, in practice, civil trials can be delayed for
many years and this causes confiscatory situations. Furthermore, he referred to
the application of constitutional rules that bind the State to “[…] comply with
human rights and protect the person from […] injuries and threats coming from
third parties”. In line with that criterion, he pointed out that according to the
domestic legislation of Ecuador, human right treaties, agreements and
international conventions have a compulsory, binding and constitutional nature.
Finally, he confirmed that in many cases, the declaration of public utility allows
the execution of clearly confiscatory practices.
g)
Gonzalo Estupiñán Orejuela: Proposed by the State; lawyer. He stated that
he knows of other similar condemnation proceedings as the one in debate, since
he was a legal representative of a family against whom the Municipality initiated a
condemnation proceeding for a piece of property located in the area of the
Metropolitan Park. He pointed out that in such case, they began negotiating, since
the only purpose of the trial was the determination of a fair price as compensatory
payment. According to Mr. Estupiñán Orejuela, the negotiations and the
compensatory payments in the legal proceedings were prompt and without further
complications.