El justo precio en juicio de expropiación.

Abstract

This objective of this paper is to demonstrate that there is no just value of the indemnification given by the government for the expropriation of a private property in Ecuador. The institute of expropriation seeks to deprive a property or the properties from their owners for reasons of public interest, giving them an indemnification named just price which is proportional to what is being expropriated. In Ecuador, so as to determine the just price for the indemnification the body of law requires the institution to analyze the land registrations. The Ecuadorian constitution provides that the state must provide a just valuation and indemnification to the owners of the expropriated lands, which does not happen since the valuation and indemnification process are not based on updated documents. This reflects a thin line between a just price and an arbitrary price given by the administration when expropriating, since their valuation is not faithful to what is provided in the constitution of the Republic of Ecuador.