LAND TAKEN

Evening Post, Volume CXI, Issue 121, 25 May 1931, Page 11

LAND TAKEN

COMPENSATION CLAIM

PLAYGROUND EXTENSION

As compensation for land, at thoj inner end of Tory place, taken iv 1027 j under the Public Works Act by the Wellington Education Board to complete the extension, of the playground! of the Main Mount Cook School, Mrs. Alice Merry, widow, of Wellington, claimed from the board in the Supreme J Court to-day £GSS2, together with interest. The area of the land taken was 24.1(3 perches, and on it were six dwelling houses, which have been demolished since tho taking of tho land. Mr. Justice MacGrogor presided, and associated witli his Honour as assessors were Mr. J. M. Dale and Mr. 11. E. Leighton. Mr. D. M. Findlay, with Mr. F. J. Foot, appeared for Mrs. Merry, and] Mr. T. O. A. Ilislop for the Education Board. The acquirement of the 24.16 porches of Mrs. Merry's land extended the school site from Buckle street to beyond Tory place, making it roughly rectangular in shape. The board had previously acquired by purchase the outer portion of Tory place from the Hume trustees, and also, partly by purchase and partly by proceedings under the Public Works Act, the whole of the properties facing Frankville terrace. The inner, portion of Frankvillo terrace and Tory place are thus now included in the extended school site. CLAIM AND BOARD'S OFFER. Mrs. Merry claimed £4652 for the laud taken, and £2200 in respect' of the land that remains, 21.64 perches, which, she alleged, had been injuriously affected by the severance, consequent loss of access, and building restrictions, making a total of £6852. Mrs. Merry also claimed interest at the rate of £6 per cent, per annum as from 17th March, 1927, subject to certain deductions. The Education Board offered £1500 for the land that was taken. Mr. Findlay said it was claimed that somo of the features of the property were its accessibility, and its usefulness so far as natural light was concerned. It was. near a labour supply and handy to a good street car service, and shopping area. The streets in the vicinity were well paved, and. sewerage, water, and' gas services and other conveniences were installed. It was claimed that the land had a great improving value in 1927. A rental of £3 19s a week had been, received for the six houses erected on tho land that had been taken. Mr. Hislop said that at,the time the land was taken there were only five houses. "VALUE DEPRECIATED." Continuing, Mr. Findlay stated that it might be- said that Mrs. Merry was a speculator iii property, but she did not deal in. land. She would say that sho contemplated improvements on the land taken, and. that now tho position was that she would be unable to sell the balance of the property should she desire. She was unable to build. The land had no frontage and she was unable to subdivide it. Mrs. Merry claimed that the land that remained 'had been depreciated in value to the extent of £2200 as a result of the severance. .Before evidence was called for the claimant, the Court inspected the laud. (Proceeding.)