DEDICATION OF ROADS.

Otaki Mail, 19 February 1923, Page 3

DEDICATION OF ROADS.

REFERRED TO WORKS’ COMMITTEE. At tile Otaki Eorougli Council meeting on Thursday night Messrs Harper and Atnuvre wrote as follows:

“At an interview it was suggested that your Coitueil had power, if Mi Ryder dedicated a strip for road widen ing purposes, to compel him to form, metal, and otherwise improve the strip so dedicated. We beg to point ou! that the .provisions of the above Aci compelling owners to form, metal, and improve dedicated land refer only to the ease contemplated by- Section 110 of the Public Works’ Act, 190 S. The provisions of this section compel the owner sub-dividing- land without access to a public road to provide and dedicate at his own expense a chain wide strip giving access from his sub-division to a public road. This strip has to be formed, metalled and otherwise improved by the dedicating owner under sub-

section 2 of Section lit) above referred to. There are no such provisions in the case of dedications under Section 117. In this ease where an owner subdivides land, having a frontage to an existing road less than one chain in width, ho must set back the frontage at least 3* feet from the centre line, and dedicate a strip sufficient for this purpose. This compulsory dedication can, however, be waived by the local authority, subject to the approval of the Governor. It not waived then the owner must dcui cate, but, by doing so, becomes entitled

to compensation under Sub-section 5 of Section 117. Wo wrote to you fully on the matter on the 17th November last, and we understand that your Council would seek the advice of Mr Martin us to the correctness, or otherwise of the attitude taken up by Mr Ryder. We regret that no steps appear to have yet been taken to ob-ain cunsel’s opinion and tuing the mailer to finality. Our rlieui iii the n; iij, " ha s been called upon by one of V> purchasers for a transfer of the land in respect n. tvlikdi exemption is sought. The purchaser"Ts insistent, and complains of he Jon;; delay pointing out that Mr Ryder’.- i'v bility to make title may cause him (the purchaser) serious loss. We further respectfully suggest that the granting of the exemption asked for would best . serve the interests of the Borough. If j dedication is insisted on the Borough j will acquire from Mr- Ryder a narrow strip of land widening the road for a short distance only, and will be saddled

with the payment of compensation therefor. We suggest that if your Council decides to make the exemption it should, when the Governor’s approval, explain the whole position fully to the Public Works’ Department, stressing the point that no ultimate benefit can accrue to the Borough through' insisting on the dedication. We should be glad to hear from you in due course. Yours truly, Harper and Atmorc.”

It was decided to refer tlie matter to tlie Works' Committee.