6
income. Indeed, as reported by the State in the public hearing without it being contested, a
large amount of compensation would affect the means of the limited budgetary resources of the
Municipality of Quito whose initial budget for the so-called "social hub" was of U.S. $290 million
for 2008 and $380 million for 2009. These elements could have been considered in way that
balanced the interests at stake so as to better consider the impact of the compensation
provided in the context of the proven public interest. Therefore, I consider that the Court should
have weighed differently the balance between private interests and public interest in this case.
Conclusion
28.In the expert assessments aimed at determining the "market value prior to the declaration
of public interest" to which we have stated have been used, in most of them, not affiliated with
or arising from the succession of limitations on this right from 1981. Therefore, of the technical
standards that in another context would have been perfectly appropriate are inapplicable or, at
least, questionable in this case. It is the expert assessment by Estupiñan in which standards are
provided that are more suited to those determined by the Court and in this particular case, the
expert report on the "market value" sets an amount of just over U.S. $ 6'000, 000.00 without
having even weighed the balance between private interests and the larger public interest
determined by the Court in its Judgment on the Merits.
29.In the balancing of conflicting interests the Court's reasoning in this case is centrally called
upon. The main review of the different valuations derived from the expert opinions which
appear to arise in this Judgment on reparations, 14 is not, in my opinion, the task established by
the standards set in the jurisprudence of the Court and in its Judgment on the Merits. The
review between appraisal standards and technical approaches that disparate and incomparable
among themselves is not the best way to set a number for determining the amount to be paid
for the expropriation of the property. Addressed in the Judgment on reparations is the exercise
of weighing competing interests, 15 the conclusion reached appears to have been driven by the
attempt to set a number by balancing between the highest and lowest valuations as established
by the experts as doing otherwise would not allow for the establishment of the number U.S. $
18,705, 000.00 plus interest.
30.Accordingly, applying and integrating the standards established by the Court in its Judgment
on the Merits to determine the compensation that should be paid for the expropriation, the
amount of U.S. $ 28,140,757.80 (including interest) is not clearly supported, which the State,
i.e. the Municipality of Quito, would have to pay. Other elements should have been required in
order to establish that the number set in paragraph 84 of this Judgment adequately reflects the
combined market value before the declaration of public interest with the relevant factor of "just
balance" determined by the Court.
Diego García-Sayán
Judge
Pablo Saavedra Alessandri
Secretary
14
15
Paragraph 63 of the Judgment on Reparations.
Paragraph 75 and on of the Judgment on Reparations.
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