14 of US$50,421,736.00. In the expansion of the report dated May 31, 200729 on the value of the eucalyptus forest, he concluded that it corresponds to US$5,145,319.00.30 Therefore, the total valuation of the property including said forest would be of US$55,567,055.00. 45. On June 19, 2007, the Municipality of the Metropolitan District of Quito (hereinafter, the Municipality) contested the expert report of the valuation arguing an essential error. In this sense, on January 11, 2008, the Ninth Civil Court concluded that the Municipality “had in no legal way proven its allegation,” reason why it threw it out and mentioned that both the prosecutor and the defendant31 had made observations to the expert report, which proves that it lacks enough clarity and therefore appointed Manuel Silva Vásconez to offer a new expert assessment.32 46. On May 20, 2008, Manuel Silva Vásconez issued an expert report,33 through which he established that the current value per square meter up to the date of the expert assessment was of US$63.8334 per m2, which multiplied by the size of the property would result in a total of US$41,214,233.12.35 Likewise, he determined the value of the eucalyptus forest, corresponding to US$699,146.36 The Court also concluded that for the soil the expert made an and the segmentation provided by it of the city of Quito in various sectors and economic categories considered to be of environmental protection, providing a parameter for calculating the value of adjacent land without infrastructure, as well as those provided by the unions and professional associations that are directly related to construction and land value, references of companies dedicated to real estate and the marketing of real estate, generated by supply and demand in relation to the availability of legal, technical and economic, and other factors involved because of the extension of the property, the municipal regulations and other constraints, and deducting the value of infrastructure. cf. Expert assessment of Vicente Domínguez Zambrano, supra note 26, folio 3962). Said he considers as the basis in determining the value of the property that stated by the Municipality of Quito in the process of expropriation, and that it specifically relates to the technical data (location, area of land and boundaries) as stated in the expropriation petition. See Expanision of the expert assessment of Vicente Domínguez Zambrano, supra note 26, folio 3962). 29 Cf. Expanision of the expert assessment of Vicente Domínguez Zambrano, supra note 26, folios 3960 to 4000. 30 This estimation was performed using six samples of plots of 5,000 m2. Of the sample analyzed, it determined a total of 2,917 trees with a total of 3,853 cubic meters of timber. Then, this number was extrapolated to the total area, resulting in 54,672 trees with a total of 72,215 m3 of timber, and added a value of $ 106 per m2. At the end, it deducted the cost of production process and loss of U.S. $ 35 per m3 Cf. Expanision of the expert assessment of Vicente Domínguez Zambrano, supra note 26, folios 3966 to 3969). 31 By way of the brief of April 12, 2007, the representatives requested that the Judge of the cause of action ask the expert Vicente Domínguez Zambrano to expand his expert report, taking into account the value of the eucalyptus forest. Subsequent to said expansion, they made the observation that the expert had based himself of documents and technical studies carried out by the Municipality of Quito, and that, as such, the Ninth Civil Judge set the date for the summons before the Court to explain the parameters. (case file of annexes presented by the State, folios 3935 and 3950, and case file of evidence to better resolve presented by the State, tome I, folios 4415 to 4417). 32 Cf. Communication of the Ninth Court of January 11, 2008 (case file of evidence to better resolve presented by the State, tome I, folio 4438). 33 Cf. Expert assessment of Manuel Silva Vásconez, supra note 12, folios 651 to 655. 34 For the determination of the actual appraisal, as of the date of the expert report (May 20, 2008), the expert considered the commercial prices of the area, to which the expert obtained information “of classified advertisements” of the newspaper “El Comercio” (end of 2007 and beginning of 2008). Starting off from these commercial prices of urbanized plots, the expert witness “punishes” the price to assimilate it with the lot in question considering that the average cost of each square meter for infrastructure work is US$60 per square meter, a cost of the size of the lot of 60% and a factor of 70% for topography. The result of this methodology gives the price of US$63,83 by m2 between 2007 and 2008 Cf. Expert assessment of Manuel Silva Vásconez, supra note 12, folio 652). 35 Moreover, the expert determined the price of the property in conjunction with the construction on it (US$7.440) and the eucalyptus forest (US$669.146), which corresponds to a total of US$41.890.819,12. Cf. Expert assessment of Manuel Silva Vásconez, supra note 12, folio 654. 36 For the appraisal of the forest, the expert estimated the planted area to be 56.22 hectares, according to a photograph of the Military Geography Institute. The expert separated the property in three areas and took a density of the harvest in each area of 1,111 plants by hectares. The expert established morbidity rates and percentages of the