COMPENSATION CLAIM

Dominion, Volume 13, Issue 20, 18 October 1919, Page 10

COMPENSATION CLAIM

LAXD TAKEN FOR STATE SCHOOL.', Some time ago a section of land at tho corner of Hamilton Hoad i.nd Smith Street, being lots 1 1, 2, and 6, forming part of allotment 47. ' part' section 4, Kilbirnie, was com'pulsorily takeii by tho Education Board,' under tho Public Works Act,' for a public . school; the owners of the property being Laura Augusta Wilson and Alexander Wilson, the vounger, who Were' the claimants, and tlie Education Board, the ■defendants, in n, claim for compensation. Tho Compensation Court consisted -of His Honour Mr. Justice Hosking, the Hour J. G. W. Aitken, who was tho assessor for the Education Board, and Mr. T. Dwan, assessor for the claimants. Mr. J. A. Tripe appeared for 'Mrs. Wilson, Sir Kenneth Douglas, for' Alexander Wilson, arid Mr. A. de B. Brandon for the Education. Board. The compensation claimed was, ■ftli.v 15s. for nil .loss arising out of the taxingof the laud, and interest and costs Mr Tripe said the claimants were husband'and wife, and each had a separate title or titles to the land As Soon ao thev realised that they had to sel t'"| land the claimants called on counsel instructed him to give tho Vlucat"» Department even- advantage possible, provided the claimants were 'adeqy.a eiy compensated. had "'1 this land foV about 25 yetirs. 1 hey.-hnye had a strenuous time, and alwn'. • n their vision-was this piece of land, on which they hoped to. build and to liv in retirement.. When they discovered hat this land was going toJv? taken they were, only desirous of obtaining, a fair amount of compensation. "h e tion Board offered JSISOO, but he (Mr. Tripe) refused that on behalf, of 'is clients. They were there.-to th» bare value of tho property.- To -Mr. and Mr*. Wilson the property..-was a- M>bo+Vs vineyard." ' ' : ■ . ' His Honour: Tho law does not give C P-r,r>e»«ntion for sentiment. ; Mr. Tripe: Tho law gives compensation for connmlsory tilting. ' ■ ; ' His Honour That is ot displacing ppople from dwellings. .-. , Continuing, Mr. Tripe said thnt the frontngre of tlm propsi'tv to Smith Street was 159 ft., nnd there was a frontage to Hamilton Tlcad of 138 ft. There, was 110 property in or around Kilbirnnv more suited for the erection, of a dwelling ot'. dwellings. There was about half an acre. of land; and, it was the best residential area in Kilbirnie. The Wilsons could have sold thi«iancl over and over nrain .for. more than the hoard _ had offered them, but they were not desirous of selling, and they refused nil offers'. They had refused an offer of ,£IBSO about five years or more ago. ;

Evidence was given by the claimants and also by C, .T, S. TTareourt. rand agent, who -said he would divide thp. land into five sections, and "he "allied the land as subdivided at approximately .£2OOO. He based his value on public demand, and the prices actually realised for building sites in.the locality., He considered the land to be/favourably situated for cutting up into building sections.

J. 1). Holtlswortli, land valuer, assessed the value of the land at ,£lO per foot • "frontage, and by spendlittle money 011 the old buildings winch were in fair condition, they would last for some time. The land was"exempt' provisions of,-the" 1 übliQ Works Act. T For, mortgage pur-" poses hoMvould value-the land at .ClO'per out the'buiS frb " fa ° e ' With - WiHiam Alexander Thomson; land K- the I<ln ' l,,nd lillildf, % Bwudon, in opening, ( ) tltat 11 d ' fficult pfoliiom to de- ] 0 " rt ™»en6 the land in July 191s ®, ld ,- J,e , vaI ««l at «X"1333, that i«' JIIIV f ,^ e i' !ll «ed it U„ tail/™ 1 f» «»' 1«»J «®sst •* , oc n °t than jJioo. > Evidence was also given ,by Henry Morrison, district valuer, A. A. Gellatlv land agenb, G. Frost, and G. ,11. Sliepperd as to-the value of the land. Theu>uit decided ,to make aii .inspection of " e , ! al, d this morning, and to, give ; a decision later on 1 .