3 Chamber”) by which Salvador Chiriboga siblings appealed the declaration of public utility (infra para. 80); b) claim for subjective remedy N° 4431 filed on December 17, 1997 with the Second Chamber of the Court on Administrative matters in and for the city of Quito (hereinafter, the “Second Chamber”) by Salvador Chiriboga siblings in order to declare the Ministerial Agreement N° 417 to be unlawful (infra para. 81); and c) the expropriation proceedings N° 1300-96-C initiated on July 16, 19969 before the Ninth Trial Court on Civil matters in and for the city of Pichincha (hereinafter, "Ninth Trial Court on Civil matters" or "Ninth Trial Court"), by which the Municipality of Quito (hereinafter, the “Municipality of Quito" or the "Municipality") filed a claim regarding the condemnation of the property belonging to Salvador Chiriboga siblings. The Judge in charge of the Ninth Trial Court on Civil matters in and for the city of Pichincha (hereinafter, the “Ninth Judge on Civil matters" or "Ninth Judge"), by means of court order dated September 24, 1996, admitted the complaint and authorized the immediate possession of the property, which was notified to Mrs. Maria Salvador Chiriboga on June 6, 1997.10 5. With regard to the expropriation proceedings, the Commission argued that 15 years have passed since the Municipal Council declared the property to be of public use and that the possession of the property in order to expropriate it occurred on July 10, 1997, without a court order determining the final value of the property and ordering the payment of a compensation. The Commission further alleged that during that period of time, the Municipality has been in possession of the property. As a consequence, Salvador Chiriboga siblings have been barred from exercising their property rights, specially the right to use and enjoy the property they are entitled to for being their rightful owners. Furthermore, the Commission pointed out that according to the American Convention and the domestic legislation, the court’s order establishing the effective condemnation must be issued within a short period of time. 6. The Commission also mentioned that the following remedies have been resolved within the domestic jurisdiction: a) subjective remedy Nº 1498-9511 filed with the Second Chamber of the District Trial Court N°1 on Administrative matters on January 12, 1995 by Salvador Chiriboga siblings, through which they requested to declare the administrative resolution issued on September 7, 1994, by the Planning and Classification Commission (Comisión de Planificación y Nomenclatura) which, at the time, denied the petition filed by Salvador Chiriboga siblings with regard to the urbanization of only three hectares of the property, to be null and unlawful. On December 11, 2002 such Second Chamber of the District Trial Court solved the remedy; b) subjective remedy N° 25409612 filed on February 2, 1996 by Salvador Chiriboga siblings with the Second Chamber of the District Trial Court N° 1 on Administrative matters. By filing such remedy, they challenged the administrative resolution issued by the Municipal Prosecutor that was intended to set aside the positive administrative silence that resulted from the lack of answer from the Ministry of Government and that admitted the claim against the declaration of public utility. The Supreme Court of Justice of Ecuador denied such remedy 9 Cf. expropriation claim filed by the Municipality against María and Julio Guillermo Salvador Chiriboga on July 16, 1996 (proceedings N° 1300- 96, record of appendixes to the brief of requests and arguments, Appendixes 6 to 8, p. 1802 to 1804). 10 Cf. Record of the notice served on Mrs. Salvador Chiriboga (Proceedings N° 1300- 96, record of appendixes to the brief of requests and arguments, Appendixes 6 to 8, p.1815). 11 Cf. Subjective or Full Jurisdiction remedy Nº 1498-95 (record of appendixes to the brief of requests and arguments, Appendix 9, p. 2061 to 2070). 12 Cf. Subjective or Full Jurisdiction Remedy Nº 2540-96 (record of appendixes to the brief of requests and arguments, Appendixes 10 and 11, p. 2116 to 2121).