£185,337 Claimed From State

Chronicle (Levin), 22 September 1949, Page 9

£185,337 Claimed From State

^ ■ Press Association) S

(Per

WELLINGTON, Sept. 21. I Land sufficient for 1200 house build- | ing sites, 445 aeres at Titahi Bay, is the i subjeet of a claim opened this mornmg j before a special Compensation Oourt | under the Public Works Act (1928). J The elaimant is John Hugh Marshall, I farmer, of Titahi Bay, who seeks £185,- g 837 compensation for land taken by the I Minister of Works. | The Court comprises Mr Justic Gres- 1 son, Mr J. O'Shea, K.C. and Mr A. K. g North, K.C. For the elaimant Dr. O. C. ! Mazengarb, K.C.,- appears, with him Mr | F. L. Parkin and Mr L. G. Rose. The | Minister is represented by Mr G. G. ,G. | Watson and Mr T. P. Cleary. \ The claim was originally £301,470, i the amount stated when the proeeed- f ings^ were opened on June 9 and ad- I journed, but today it was amended | by consent to £185,337, with a further 1 claim of £629 to meet survey charges. I At the time of the first proelamation J regarding taking of the land, in 1946, | 148 sections had been provided by a ! subdivision which included roads, said 1 Dr. Mazengarb in his opening address. i About 400 acres remained, and this 1 was capable of subdivisiin into more 1 than 1000 further house sites, includ- I ing roads and reserves. The land had g been taken by the Crown under the ! Public Works Act (1928) and the I Finance Act (1945), ostensibly for bet- i ter utilisation. ' The general principles of compen- I sation remained unchanged despite g legislation of reeent years. The Court ? had to consider the present and pros- ! pective value of the land to the claim- I ant as at Deeember 15, 1942, the stabi- | lisation date for land values. ? ' 1 Previously this was farming land, I but it had ceased to have the charac- j ter of farming land before its acquisi- g tion by the Crown," declared Dr. ! Mazengarb. A portion had been de- I veloped for building purposes, and | schemes were under consideration for g development of other portions. The ! whole area had a great potential I value for subdivision, and it will be | Lts potential- value for housing which ! ,will be discussed mostly." i The fact that the Crown was a pos I sible purehaser in 1942 was a relevant g factor for consideration when attempt- | ii\g to decide the value of the land I to the owner, continued counsel. The | elaimant hoped to show that there g was, and still could be, an even better ! market for the sale of land to privato g owners than to the Crown. a