COMPENSATION CLAIM.

Auckland Star, Volume XLIV, Issue 108, 7 May 1913, Page 8

COMPENSATION CLAIM.

LAND FOR A RAILWAY. (By Telegraph.—rress Association.) WELLINGTON, Tuesday. The full Court, comprising the Chief Justice (Sir Robert Stout) and Justices Denniston, Cooper, Edwards and Chapman, sat to-day to hear argument in the case stated by Mr. Justice Cooper, as president of a Compensation Court, for the decision on the questions of law arising in a claim for compensation by Robert Ross against the Minister for Publio Works in respect of lands taken for the purposes of the Nor.th Auckland railway and for land injuriously affected by such , taking.

The question" for the Court's consideration was whether the Compensation Court must, in determining the amount of compensation to be awarded claimant in respect of his claim for compensation take into account, by way of deduction from the amount of compensation to be awarded, any increase in tlie value of claimant's lands likely to be caused by the execution of works, when the increase is common to all other lands in the district which are within reasonable distance of the railway, but through which the railway lias not passed. There are other subsidiary questions. Mr. G. M. McGregor appears for claimant and the Attorney-General (the Hon. A. L. HeTdman) for the Minister for Public Works. Mr, McGregor contended that the increased vailue must be peculiar to the lands injuriously affected, and that deduction could only be made from the compensation" given for lands injuriously affected, and not from the compensation awarded for lands actually taken. The AttorneyGeneral submitted that any general betterment to any lands of the claimant could be set off against the compensation for both the land taken and lands injuriously affected. The Court reserved decision.