LAND COMPENSATION

Dominion, Volume 9, Issue 2791, 8 June 1916, Page 9

LAND COMPENSATION

CLAIM AGAINST CITY COUNCIL

Yesterday Mr. Justice Hosking heard a claim for' compensation for lauil taken by tlio AVellington City Corporation from Miss Alice Mary Bourkc, of' Kilbirnie, l'or tlio purposes of street-widening and a new tramway service, 'l'he corporation took 4.G!) perches from claimant's property in Childcr's Terrace, Kilbirnie, under tlio Public Works Act, 1908, by proclamation in August, 1915. The claim ivas for ,£IOO compensation for loss of land taken and for fhe construction of the publio work. Tlio City Council had oftcred Miss Bouvke ,£SO in full settlement.

Mr. \V. M. ilannay acted as assessor for the claimant, and Mr. H. Buddio eat in a similar capacity for the corporation. Mr. T. Young represented Miss Bourke, and Mr. J. O'Sliea, City Solicitor, appeared for the corporation. In opening liis case, Mr. Toung said land lia<l increased in value in. Kilbirnie, and it had a big prospective value. His client's property had ' been greatly depreciated by the action of the corporation. Tlie balance of the section could not be built upon, because tlierq was'not adequate air space; and so it was necessary to acquire more land at tlio rear of the property.' The claim was based upon the value of the land taken and the cost of having to acquire other land to enable the section to be built upon. Jlis Honour casually observed that some doubt had been expressed in other cases as to that being a correct plan to follow in land assessment. It was customary to arrive at the market value of the land taken. Michael Francis Bourke, a brother to the claimant, valued the land taken al Xl 2 per foot, and the claim was upon that basis. The offer of ,£SO by the corporation was, he said, ridiculous. In order.to secure the air space required by the by-laws, it was necessary to purcliaso more land at the rear of the section encroached upon to enable a house and shop to be built. He purchased his own property from his father's estate at ,£8 pel toot, eight years ago. He bought lout sections, having a grade of 1 in 6, and it cost him Jis!oo to take the hill 'top down to find a site for his dwelling. The land taken by the corporation was more valuable than his, and by taking it the corporation had., deprived the tenant, Dillon, of the full enjoyment of the property, even if it .were used only as a drying ground cr fowl run. ij. George Nathan, land agent, valued the laud taken on its own merits at .£l2 per foot to Childcr's Terrace, and valued the damage af'iJlOO, in addition tg the land taken. The new tram did not aifect the value very" much, as there was a. tram service .before only a few yards away. A. 'A. Gellatly, of Bethuno and Co., valued the.land taken'at .£lO. In other respects he agreed with Mr. Nath'an's evidence. 1 . John Brodic, land agent, valued land .fronting Seatoun Eoad and Childer's Terrace at ,£lO 10s.; the loss caused by reduction in area of the 1 section he valued at ,£240. That brings his value for land, including compensation, up to .£502 10s. Mr; O'Shea said the evidence for tlio plaintiff had been greatly exaggerated. If 4.69 perches—2sft. by GGft. —was value for JJ4OO, then an acre at tho same price would be valued, he said, at between ,£13,000 and J!14,000. • : Mr. Young pointed out that this was a corner section, spoiled by the acquisition of the corporation, and it was only by his client having adjoining land that prevented the absolute ruin of the property. George Halliday, valuer for tho Government, valued property with a frontage to Seatouii Boad at. .£6 per foot, but as the depth was only GCftl the value, calculated on the Somers unit system, would only'be i£4 per foot; and as the frontage was not taken away, - but only set back, the value, J!4 per foot, would-stand. His value of'tho land taken was .£BO. Patorson, assistant engineer to the City Corporation, said tho property in question was enhanced in value by the regr'ading" and widening of Childer's Terrace preparatory to laying down the tramline. Messrs. Joseph Ames, City Valuer, H. A. Shepherd, Alfred Longmore, and Alex. .L. Wilson, land agents, gave evidence in support of tho corporation's contention that the claimant was asking too much. His Honour edjourned the case' til! Friday morning, and iii the interim Mr. Justice Hosking and tho assessors agreed to visit the property.-