The Chamber has held that the human right to private property is safeguarded in the aforementioned Convention, which provides that every person has the right to use and enjoy their property. Meanwhile, the Federal Constitution recognizes private property as a fundamental right.
Likewise, it has made it clear that the limitations or restrictions on the human right to property derive from the expropriation power of the State; however, the owner has express constitutional guarantees against the damages that are generated to his human right to property to prevent his assets from being arbitrarily diminished.
“Therefore, a fair compensation implies that the respective compensation is appraised based on the commercial value of the expropriated property and not according to the fiscal or cadastral value, since this Chamber has defined that the reparations of the damage cannot imply neither enrichment nor impoverishment. for the victim or successors”, stated the Court in its public session this Wednesday.
