THE Evening Star. PUBLISHED DAILY AT FOUR O'CLOOK P.M. Resurrexi TUESDAY, JUNE 17, 1879.
The claims for compensation for land required for railway purposes within the Borough hare been published in answer to repeated applications made to the Mayor. The amount required is £3742 9s 6d, exclusive of the sum claimed by the nativ.e owners. It had been stated that nearly ten thousand pounds were claimed by lessees for their interests, so that the sufferers by the line of railway going through their land are not so bad as they were painted. Still, most people will agree that the claims are much too large for the injury done. In justice to the applicants, however, it should be stated that under the impression that no reduction in the ground rent would be made by the native owners for the land taken, and the leases having yet nearly 11 years to run, caused several of the claimants to place the amount of compensation at so high a figure* If the owners of the freehold are paid for their interest in the land, a reduction should be made in the, yearly rental claimed] from the lessees; or those wishing to have their leases cancelled should have the oppoH tunity of adopting that course.We fancy; but few of the lessees would care to take advantage" of such an alternative, for iit cannot be denied that tho railway going through their allotments would, have: the effect of increasing the value of the portions left, in the majority of casesj 'comparatively greater than the injury, done by having the form and approaches of the tenements disarranged. There is a provision in the Public Works Act of 1876, part 111.,, bearing upon compensation, with which evidently all the applicants are not acquainted. Section 64 says:—
Id determining the amount of compensation to be awarded, the Court shall take into account severally the value of the land or interests in land,- including riparian rights, taken,andthe extent to which any adjacent lands iii-which the claimant has an interest are or Ire likely to be injuriously affected; jMther'by severance or by the nature of iH works in question, and; •hall also takipito account, by way of deduction f.'om ijjus amount of competi' sationto be awarded, any increase in the value of sucli adjacent lands likely to' ftp catised by the execution of such warks. But the Court may award one gross sum as the compensation to be paid to the claimant on- all accounts, or they may determine that no compensation is payable. Several of the claimants it is well known own other, interests in Shortland, and would, in the event of- their present claims coming before a Compensation Court, have to be dealt with under the
section just quoted, which it is apparent wou|d hafe the effect of reducing tUo amount of compensation to bo allowed them very much. If it should be found on the other hand, that the increased value giveu to other possessions of the claimant exceeded the injury done by the construction of any public work, the Court in its discretion wight determine that no compensation be allowed. From this point of view the claimants might do well to consider the advisability of taking a very much less sum than they at present, ask. We are informed that His Worship the Mayor is now in communication with the owners of the freehold, with whom he wishes to make certain arrangements which, if effected, will enable him to approach the lessees in a manner which may possibly lead to an amicable understanding, and cause a reduction in the amount claimed as compensation, to such an amount as he can conscientiously recommend to the Government to pay for the lands required. The sum asked at present by rthe native owners is £1000 for the freehold of all the land held by them and required for railway purposes, which brings the total up to £4742 9s 6d for the right to* construct the line of railway a fewclmins in length within, the municipality. It is said the compensation 1 claims in Parawai are equally heavy from the European owners, 1 while ft very liberal spirit is being shown by the Natives.; We snail be pleased [id find the anticipations of the Mayor realised, and all the obstacles to* the construction removed, so that those persons who have found fault with the Government for commencing the work, and, wlio would be only too happy to point out how selfish and ungrateful the Thames people were,; and throw the whole blame of the want of success of the undertaking upon the residents, may have no ground for such assertions.
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Thames Star, Volume X, Issue 3223, 18 June 1879, Page 2
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779THE Evening Star. PUBLISHED DAILY AT FOUR O'CLOOK P.M. Resurrexi TUESDAY, JUNE 17, 1879. Thames Star, Volume X, Issue 3223, 18 June 1879, Page 2
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