COMPENSATION COURT.

Dominion, Volume 6, Issue 1625, 17 December 1912, Page 11

COMPENSATION COURT.

CLAIM FOR _2115,

ON HUTT COUNTY COUNCIL. Road formation in the Hutt County, in the vicinity of Plimmerton, has resulted in a. heavy claim for compensation being made against the County Council. The Court set up to deal with tho claim met yesterday. It comprised his Honour Mr. Justice Chapman and two ass-essors, Mr. .W. M. Hanuay being I'or the claimant, and Mr. H. J. Richards, of Levin, for the respondent council.

'• The claimant is Jjmes Walker, of Plimmerton, who is seeking to recover the sum of J52115 from the.Hutt,County Council in respect of certain lands •, taken,- and in ■respect of certain other lands.injuriously affected/ -The County Council had refussd to entertain the claim.'

Mr. S. Stafford, with liim Mr. E. 8. Stafford, .appeared for the claimant, vrliile Mr.-A. de B. Briuidon appeared for the County Council. . Considerable, difference exists between tlio parties as to the actual effect of tho road construction, and as to whether it has seriously injured claimant's property as a farming proposition, or whether on ithe other.hand it has not mauo it easier 'to work; and oven increased its marketable value. It appears that by proclamation dated February i, 1910, a portion of James Walker's land was taken, and vested in the Crown for tho purpose'of a road. . This land comprised 3 acres 29 perches (portion of Taupo No. 1 Plimmerton Road District) and 6 acres 1 rood 11 perches (portion, of Section 82, Hutt County). The taking of the land caused severance of the farm, and necessitated fencing on either, side of the Toad. In addition, it was alleged, that the water supply had been Cut off from one part of the property, and this consequently meant depreciation in value as a farming proposition, and much extra eipense in finding water for stock on the part of the' farm affected. Moreover, there would be increased cost in the matter of maintaining the extra' fences 'that' had been rendered necessary. • Walker's '■ total claim of .£2115 was;made up as follows:—Value of land taken, 8i acres at .£lO per acn, .£BS; one acre at per acre, .£IOO. Land injuriously affected: Erection of fe.ices on both sides of land taken, ,£250; maintenance of these, .£250; removal of old fences and re-erection, iBBOj maintenance of these, £50; loss of benefit of fence along seaward boundary, .£10; depreciation of nine acres by severance, .£SO; depreciation of 225 acres by severance, .£750; general loss, injury, and damage sustained through severance, .£430; and loss, injury, and damage to land taken prior to its being taken, .£IOO. ~ A great many witnesses were called yesterday, and more will be heard to-day. The Court sat till a late hour in the evening, but the hearing was not nearly completed when the adjournment was taken until 10 o'clock this morning.