The Daily Telegraph. TUESDAY, SEPTEMBER 25, 1883.

Daily Telegraph (Napier), Issue 3805, 25 September 1883, Page 2

The Daily Telegraph. TUESDAY, SEPTEMBER 25, 1883.

In a recent issue wo referred to the Railway Improved Lands Bill, copies of which are to bo distributed during the recess for the purpose of obtaining public opinion upon the measure prior to its introduction to Parliament. We stated then that we had not received a copy of this bill, nor have wo up to the present time. The Christchurch Press, however, has been more favored, and has given a short summary of its provisions. Clause 3 enacts that the Property Assessment Act, 1879, and all the Acts passed amending it, are incorporated with the Act, and are to be read and construed an part of it; the several provisions necessary to tho operation of the proposed Act are to apply accordingly; and all regulations made under the Property Assessment Act, are, as far as applicable, to apply to all matters under the Act. Clause 5 defines the lands which are to be subject to the provisions of the _ Act— namely, all lauds whatever that are situated within five miles from the middle line of a public railway, or within five miles beyond the terminal point of such railway, or any section of such railway, commenced after the 13th day of September, 1883. Tho exceptions are' lands within boroughs and town districts ; lands occupied by churches, chapels, or cemeteries ; land occupied by Government schools, or any other schools which are not carried on for pecuniary gain pr profit; iani, not exceeding

in each case fifty acres, occupied and used in connection with any museum, lunatic asylum, prison, hospital, or charitable institution ; land used as public pounds, domains, gardens, or plantation reserves; land on which railways or railway stations are constructed; wharves, piers, jetties, the property of her Majesty; and nil initivo lands. The clauses which deal with the manner in which the contribution is to be levied are naturally of more interest than the mere formal ones we have just summarised. As soon as a section of a railway is open for public traffic, all lands subject to the provisions of the proposed Act are to become liable to a contribution in aid of its construction. This contribution is to bo equal to one-half of the amount by which such lands have been augmented in value in consequence of such construction. This "improved value " is deemed to be "the difference between the value of such lands as appearing in the assessment roll prepared by the Property Tax Commissioner, and in force last prior to the advertising for tenders for the construction of the sections of the railway traversing the said lands, and such value as appearing in the like assessment roll in force prepared as aforesaid first after the opening of such railway for public traffic." Then follows the clause affecting owners who are dissatisfied with the assessment. Any person who objects to the amount at which the whole or any portion of his property is assessed under the Act is entitled to call upon tho Commissioner to reduce the assessment " to a certain stated amount as the owner thinks fair, or to purchase the property at ten per cent, in excess of such, stated amount." Tho Commissioner must, thereupon, either J reduce the assessment or, upon obtaining the consent of the Governor in Council, purchase the land at the price determined upon. Provision is also made whereby the Commissioner can be called upon to purchase the remainder of the lands of an owner (at ton per cent, advance on the Property Tax valuation made before the railway was constructed), although not subject to the provisions of the Act, if the land lies contiguous to, and forms one continuous area with, that already purchased. In other words, if tho owner of land brought under the operation of the Act thinks he has been assessed at too high a rate, he has a ready means provided of enforcing his opinion. He can call upon the Commissioner to rednce the assessment to such amount as he thinks fair, or to purchase the land. On the other hand the colony is protected against undervaluation by the owner, because it is in the jMwer of tho Commissioner either to reduce the valuation to the sum named by him, or to purchase the land at such reduced valuation, with 10 per cent, added. Having settled the improved value of the every private owner is to have the election to allow the amount to remain a debt due to the Crown charged by way of lien on his land, paying interest on the sum at 5 per cent, per annum until the charge is redeemed, which may be done at any tim» either by one gross payment or by instalments. So much for the manner in which' private lands are dealt with. As regards Crown lands, the Commissioner has to make tho assessment in the usual way, and send notice to the Minister of Lands and the Commissioner of Crown Lnds in the district. The occupiers of CroAvn lands at the time of the passing of tho Act are liable in the following manner. Holders of perpetual leases, and occupiers on the deferred payment system, or on any conditions whereby they become entitled to the fee simple, are to bo dealt with as if they were owners. Occupiers of pastoral lands under lease or license, or occupiers under lease or license for any term not exceeding twenty-one years without covenant of renewal, have to pay interest on the amount assessed.