CLAIMS FOR BETTERMENT.

Wairarapa Age, Volume XXXII, Issue 3137, 13 March 1909, Page 3

CLAIMS FOR BETTERMENT.

MASTERTON BOROUGH COUNCIL DEMANDS. Practically the whole day yestcrd-iy was occupied by a specially constituted Compensation Court at Masterton, in hearing a numher of claims Tor hettermpnt made by the Masterton Borough Council under the Masterton Borough Betterment Act. The claims were against the following parties for the various amounts mentioned : Cross street, Mny Sullivan and Cecilia Suliivaii, £231 (Occidental Hotel) ; Miss E. E. Williams, £43 17s 6d: Dixon street, Commercial and Farmers' Club, £66. . The Court was composed of Mr W. P. James, S.M. (Chairman), and Messrs R. Brown and J. B. Keith, assessors for the Council and respondents, respectively. Mr C. A. Pownall appeared for the Borough Council and Mr D. K. Logan for the respondents. Mr Pownall asked tor and was given permission to file the claim against Miss Williams at the commencement of the hearing, in order to avoid the expense of having another Court constituted and fresh witnesses called later. It was agreed to take Cross street claims first in order to avoid confusion. All formal matters were admitted in respect of the primary legality of the proceedings. Mr Pownall, in opening, related the circumstanes under- which Cross street (now Park street) was widened by the Council, and the claims for compensation paid owners, whose la:id had been taken on the south side for widening purposes. Counsel stated that the Borough expenditure in the street had approximated £I,OOO, and this was a matter which should be considered by the Cr.urt in making its award. Betterment to the value of £6 per foot on the Queen street frontage had been allowed in the claim made by Hoar and Permain aganst the Council, while in the case "f Mrs Jones £9 had also been allowed, and in the case of Mrs Cameron £2O for betterment. These allawonces were used eomewhat as a. basis for the claims then before the Court, snd | evidence would show that the Council j had put a reasonable value on the, betterment. W. T. Mansfield, Town Clerk, Masterton, gave evidence as to the cost of the work to the Couincil of widening Cross street, which was, witness stated, £970 8s 9d. Work done in connection with widening—necessary work—had been completed after the 17th September. The claims were left until the whole expense of the work was ascertained. W. B. Chennells, land agent, and auctioneer, Masterton, said he knew something of the circumstances of the widening of Park street, having acted as umpire, with Messrs Lewis ' and Eraser as arbitrators in claims made for compensation by landowners in the street. Valued the Queen street betterment to Hoar and Peramin's at £6 per foot for the selling value, not earning value. I Witness thought he could sell the I Occidental site at £46 per foot if there were no building on it. Park street was a good traffic street and I near the Park. He thought £6 per j foot a reasonable betterment on the i hotel property. I F. C. Lewis, stock agent and vauer, assessed the betterment to the I hotel property at £5 per foot, and to ; inks Williams' property at from £2O i to £25. ! Mr Chennell, re-called, assessed the bettermeent tu Miss Williams at : from £2O to £25. | C. A Tabateau, commission agent, estimated the value of the betermenc to the Occidental Hotel site at about £4 per : .'oot on the 37 feet. The ratio of the difference in the betterments in the case of the Occidental and Club Hotels in respect of street j widening was a little over two to one j aganst the owner 3of the latter j hotdr ! Mr Logan, in opening, contended that the claim could not be sustained as it was made after the expiration oftheteirn allowed by the Better- j ment Act—l2 months—and the time j should be reckoned from the date of actual widening, and not from the ; date of the completion of the last i piece of work done after the j widening, as the claimants wished j to set up. Counsel also contended that \ the betterment values claimed were ( excessive. I D. J. Cameron, a Government val* j uer, said he estimated the better-) ment value on the Occidental Hotel ! at £SO. I L. J. Hooper, W. M. Cole, and J. J W. Cochrane gave evidence as to their opinion of the betterment to the Occidental Hotel, their estimates varying from nothing to £IOO. The Commercial Club site betterment was next taken. The Bench overruled a contention by Mr Logan that the Club were not liable, as they had purchased the land since the date of the widening. The witnesses were practically the same as in the previous case, the claimants' evidence b D ing directed to show that the claim was reasonable, while the respondents' witnesses were of the opinion that no betterment, or none exceeding £25, had been made to the site.. The Court announced that it would give its decision on Monday next.