La declaración de utilidad pública o de interés social en el derecho minero

This article analyzed how Ecuadorian regulations regulated the expropriation of land for mining projects, considering its relationship with public utility and social interest. Therefore, the purpose of the article was to analyze the relationship between mining, public utility and social interest, considering its legal foundations as established by the Constitution of Ecuador, the Mining Law and other relevant regulatory frameworks. Therefore, it was analyzed how the State has intervened in private property for collective benefit, prioritizing economic growth; although it was evident that the deficient implementation of prior consultations generated social tensions by not ensuring the effective participation of the affected communities. In addition, the need to improve compensation mechanisms for expropriated owners was highlighted, suggesting adjusting land values to market prices to ensure greater equity. Through a literature review and analysis of constitutional jurisprudence, it was concluded that, although the legal framework provided a basis for regulating expropriation, reforms were required to strengthen prior consultation, ensure fair compensation, and balance the economic interests of the State with the rights of local communities and the protection of the environment.