LAND TAKEN.

Auckland Star, Volume LXIX, Issue LXIX, 21 September 1938, Page 12

LAND TAKEN.

FOR FIRE STATION.

AWARDS TO OWNERS. CLAIMS CUT IN HALJT. Awards were made to-day by the Compensation Court, presided over by Hγ. Justice Fair, with the Hon. J. Alexander, M.L.C., and Mr. W. H. Hutton, as assessors, in the claims by the Lennox Trustees and Joseph Zambucca in respect to property in Upper Pitt Street, taken under tTie Public Works Act by the Auckland Metropolitan Fire Board for the purposes of a new fire brigade station.

The Lennox Trustees (Mr. A. P. Richmond) claimed £16,229 for land and buildings taken on the corner of Pitt Street and Cirey. Street, of approximately half an acre, for which the Fire Board" (Mr. A. K. North) offered £7100. Joseph Zambucca (Mr. V. R. Meredith) claimed £11.500 as against the board's offer of £5100, the property being just under a quarter of an acre in extent.

In its decision the Court awarded the Lennox Trustees the sum of £7200 as the value of the land and buildings taken, and awarded Joseph Zambucca £5807 10/ as the value of the land and buildings taken. Determining Features. In giving the Court's award, Mr. Justice Fair said it was not usual in such cases for the Court to state its reasons at length, but he thought it proper to indicate reasons for gome of the conclusions arrived at in these claims.

Estimates of returns that might have been derived from a block of flats were of little assistance to the Court in determining the value of the land, he said, because the estimates of the cost of buildings and of returns were uncertain and almost impossible to determine accurately, .while the evidence did not show any real likelihood of the land being bought, or need, for this purpose within a reasonable time; nor did it show a market for thie particular land for that purpose.

In regard to the- proposal of using the land for a garage and parking station, the difficulty of purchasing or obtaining a license for a petrol station emphasised the improbability of a purchaser being found who wished to nse the property for this purpose. The majority of the Court were also of opinion that the rentals and prices for retail shops in Karangabape Road were not of assistance in determining the value. "The Safer Guide." Full weight was given to the fact that the site was level, said hie Honor. The sale in June this year by Mr. Smith of his land and factory in Grey's Avenue, adjoining thi* land, was considered a safer guide, as providing exact values of land and buildings where there was a willing buyer and vendor. This, the Court thought, was confirmed by the evidence of the city valuer, Mr. Notley, and by comparison with values in Hobson Street and Federal Street, although the differences in locality and nature of buildings made comparison difficult. The Court felt that the respondent board had made a generous allowance in respect to the buildings on the Lennox property in fixing the sum of £1750, but had to some extent underestimated the value of the land. The Lenox Claim. "In this claim," concluded his Honor, "the majority of the Court, after carefully considering the whole of the evidence, Iβ of opinion that the offer made by the respondent board represents the full value of the land and buildinge, and allows the sum of £7200 in respect of them."

The Court made its award accordingly, allowing interest at 4J per cent on the amount unpaid between September 1, 1937, and the date of payment in full, with £20 for contingencies and costs in respect to the mortgage. Each party is to pay it* own coste, and the coets of each assessor were fixed at £55 2/6. The Zambucca Claim. In respect to the Zambucca claim, his Honor said that the principles which had guided them in the other claim ako applied to tome extent, and the bask of values was fixed in respect to the adjoining land.

"In this claim," he added, "the major, ity of the Court thinks that the claimant has shown that th« respondent board, although it closely approached the full value of the land in its offer of £5100, considerably under-estimated the value of the buildings. The Court fixes the full value of the property as £5867 10/, and awards the claimant this eiim in respect to the taking of his property."

The Court further awarded the claimant a sum equivalent to 4J per cent from September 1, 1937, to the date of fuli payment, and also £30 to cover contingencies and coets of reinvestment. It further allowed the claimant the sum of £125 for costs of the action in the Court. Assessor's fees for the case were fixed at £31 10/ each.