Daño material por expropiación, más allá del costo de reposición del bien expropiado. Comentario al caso Inmobiliaria Alameda S.A. con Servicio de Vivienda y Urbanización Metropolitano, Corte Suprema, 2020

Abstract

This paper comments on a judgment of the Supreme Court and deals with the content of the expropriation compensation, regarding pecuniary damage. The foregoing, in order to indicate that said content is not limited to compensating the loss of property, but that, by virtue of the constitutional rule, it also includes any other effective damaging patrimonial consequence caused to the owner, as a direct and immediate consequence of the expropriation.  Thus, in a partial expropriation, in addition to the replacement cost of the expropriated property, the compensation may include the cost of the material damage caused to the existing buildings in the non-expropriated fraction of the property, as long as it is verified as an immediate and direct consequence of the expropriation, and the subsequent concretion of the works that motivate the ablatory act.