LAND FOR RIGHT-OF-WAY

Otaki Mail, 10 July 1922, Page 2

LAND FOR RIGHT-OF-WAY

— *— OWNER OBJECTS TO COUNCIL’S PROCEDURE. The Horowheuua County Council having decided to take, under the Public Works Act. a portion of Alajor aud Airs Tatum’s laud at Manakuu for tho purpose of giving an outlet to Air K. Bevan some correspondence on tho matter was received at Saturday’s meeting of the Council. Messrs Park aud Adams forwarded the formal notice appointing a time for the hearing of Airs Tatum's objection '0 the taking of land for road purposes at ALauakuu. Airs Tatum's objection was that Air Bevan already had access to Itis land, and the writers were communicating with Airs Tatum suggesting that this access be pointed out to the Council’s engineer and a councillor prior to the hearing of the objection. Alessrs Bell. Gully, Alvers and O'-

Leary. solicitors, Wellington, forwarded formal notice of objection on behalf of

Airs I alum. The objection was not lodged within the -10 days prescribed by the Public Works Act, this being explained by the fact that the Council omitted to serve a copy of the proclamation on the writers or their client as directed by the (statute.

. The interested parties, Alajor and Airs Tatum aud Air Bevan, together t with the Council’s solicitor (Air Park) f were also present aud addressed tho r Council. - Alajor Tatum said lit.- and Mrs Tatum i were asking the Council not to proceed ? with the taking of the land. They had I only a small holding at Alanukau. and i during the laM tew years had spent a *' lot of money on improvements. If the ! land was taken it would do them a ’ I great injury, as tHo particular portion wanted for the load was the pleasure ground around their home. It was al so some of their best land, and il would bo a serious matter to them if deprived of ir. Another matter, if the toad was opened the Railway Department would close tho crossing or insist that a high bridge be erected across the line. They did not want to lose the crossing. Air 1 Bevan had access already and had no used to cut through hi? (the speaker’s) , private properly. He would point out regarding the right-of-way that it was given for convenience to a certain poiitt. It was never intended to carry | it through to the front'-, and the native* had never pressed that point. If th« Council determined to take the land, the Railway Department .should lie consulted first. Cr. Hark i ess; \\ h:et amount has been spent on the land that we wish to acquire .' Major Tatum stated he had not made that up. Cr. Harkness: With regard to trouble with the railway, what trouble has there been in the past)' Alajor Tatum: Up tu the present time we have had the sole right over the crossing. Cr. Harkness: Very well, it there has been none in the past there can hardly be any in the future. Mr Park explained that the Matiawatu Railway Company had not originally extended the right-of-way to the road, owing to the fact that the then owner owned the adjoining properties, aud therefore did not require the right-of-way. As regards the railway crossing that would be a matter for Mr Bevan and the Railway Department, only. Major Tatum pointed out that the crossing was at the bottom of a cutting on a down grade and therefore a dangerous position. Replying to Cr. Me Leaver. Major Tatum said that the outlet he had referred to would necessitate Mr Bevan crossing a stream. It would only be only once or twice a year that there would be any difficulty from flood-. , Air Bevan -tnti-d w hen he bought the land he had no id*-a of injuring Alajor Tatum in any way. He had of iored Alajor Tatum tho option of purchasing the back section which would not have not have necessitated tin p;escnt right-of-way, but as he did not purchase, h'- (the speaker) bought it, and now required right-of-way to g>-t aci-e.s to the road. Up to the present he had to pa».- over private property in order to get to his land. The only other wav was to build a bridge over the «tream which va - a big job. Cr. Monk stated that with Cr, Br> an* and the engineer he had inspected f hv outlet .suggested by Alajor Tatum, and estimated that it wouJS cost £IOOO to build the bridge over the stream. The railway did not enter into the aft ter at all. All the County bad to do was to take the land required. It was not likely that Alajor Tatum would lose his right to the railway crossing. Cr. Bryant considered it the Council did not take the small piece of land required Afr Bevar; would have to go through other private laud which would require a much larger area. -After the parties had retired, Cr, Harkness moved that the Cotiacil proceed with the taking of the right-of-way through Alajor Tatum ’* land. The motion was seconded by Cr Ryder and carried.