13 coefficients on one per cent of its surface and also has several limitations and prohibitions, which directly influence the price or compensation. 40. In that sense, the State estimated that, based on the criteria presented by the expert Gonzalo Estupiñán Narváez in order to carry out the valuation of the lot, the square meter would be equal to the amount of US$9.36 per square meter (nine dollars thirty six cents of the United States of America), which would mean a total of US$6,043,635.2525 (six million forty three thousand six hundred and thirty five dollars with twenty-five cents of the United States of America). 41. The Commission stated that it must be kept in consideration that the victim has been deprived of the possession of her property, and she has fought for years to obtain justice in her case. In that sense, through a brief of July 10, 2009, and at the public hearing on reparations of September 24, 2009, it stated that the Court must use paragraphs 96, 97, and 98 of its Judgment on the Merits as grounds for the just compensation for the expropriation of the property in question, in the sense that it must be adequate, prompt, and effective. It added that for the just compensation to be adequate, the market value of the property prior to the public declaration must be used as reference pointing out that said compensation “must be paid in a short term [since] for more than a decade, the victim has not been able to effectively exercise the right to property and is in a state of juridical uncertainty.” 42. Below, the Court will proceed to analyze the evidence provided through the diligences, expert assessments, and regulations in the domestic and international proceedings. Later, for the determination of the just compensation, it will establish the applicable standard and it will set the amount and forms of payment. 1. Procedures, expert assessments, and regulations in the domestic and international proceedings 43. In light of the body of evidence presented both in the merits and reparations stage (first stage) as well as in the stage on reparations (second stage), the Court considers it convenient to refer to the following expert assessments, procedures, regulations, and international practices. a) Relevant procedures in expropriation trial No. 1300-96. 44. On February 15, 2007, the expert Vicente Domínguez Zambrano offered a report in the domestic jurisdiction before the Ninth Civil Court,26 through which he determined that the property in question “could not be urbanized due to the hindrance and municipal resolution”27 and that the current value on the date of the expert assessment, would be of US$78.09 per m228, thus the totality of the property, which corresponds to 645,687.5 m2, would have a value 25 Cf. Final arguments of the State November 28, 2007 (case file of Merits, tome V, folio 814); Brief of the State of September 24, 2009 (presented in the public hearing of September 24, 2009, and case file of reparations, tome III, folio 581). 26 Cf. Expansion of expert assessment to the expert opinion rendered by Vicente Domínguez Zambrano on February 15, 2007 and May 31, 2007, respectively (case file of annexes presented by the State, folios 3960 to 4000). 27 The expert noted that it considered the property in question as part of the largest ecological zone on the property being valuated, and that this property does is not to be urbanized, implying a lower valuation compared to buildings in the same area (keeping U.S. prices $ 340 per m2), which is the high trade surplus, due to the municipal order and the feasibility conditions, soil consolidation and the physical characteristics and topography, among others. He added that with the limitation and municipal resolution, consistent with established zoning for the park, the land shall be used solely to improve the environment of the city and the quality of life of citizens. Cf. Expansion of the expert assessment of Vicente Domínguez Zambrano, supra note 26, folios 3961 to 3965). 28 To get the actual value, the expert stated that he took into account criteria such as the parameters considered by the Municipality of Quito, such as the cadastral referential and official values, set by the municipality

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