TAWA FLAT LAND

Evening Post, Volume CXVII, Issue 114, 16 May 1934, Page 10

TAWA FLAT LAND

RAILWAY DEVIATION

COMPENSATION BASIS

POINT FOE FULL COURT

During the hearing in the Supreme Court recently of two claims for compensation for land taken in the construction of the Tawa Flat railway deviation, the question was raised as to whether appreciation in value due to tho putting down of a railway lino should be excluded in arriving at the sum to be awarded as compensation. As tho matter was regarded as important, it was announced today by Mr. Justice Blair that it was desired to have the opinion of the Full Court on tho question.; For that reason tentative awards framed in an alternative form had been prepared in the present

In the iirst case, Mrs. K. Hoare claimed £1100 compensation for loss arising out of land taken and other land said to have been injuriously affected by the taking of land for railway purposes. Ta-wa Central, Ltd., in tho second case, claimed £9959 compenssation for, and loss arising out-of, the taking of 4 acres 3 roods 2G perches, and also for the taking of an. additional 1 rood 13 perches. BASIS OF COMPENSATION. "We had a great deal of difficult-/ i in arriving at our award," said Mr.f Justice Blair, "and in addition to that an important question of law was raised by Mr. Currie (who appeared for the Minister of Public "Works) as to the basis of compensation. . . . The view that I expressed to the assessors was tliat section 80 of the Public "Works Act provided that as far as land taken was concerned the position was that the value must be taken to bo tho value as at.a particular date, which date in these' particular cases was fixed as September, 1931, and my view was.that that being so, j even if values at that date had the advantage of appreciation due to the coming of a railway, claimants were entitled to that advantage, and that the only way that advantage could be taken away from a claimant was in' the case of a claim for lands injuriously affected." .

Tho point, his Ilonour continued, mado a tremendous difference so far as the two cases were concerned. Consequently ho had deeitled to have, the question referred to the Full Court, which would be asked whether the claimants were entitled to have their compensation assessed as at September, 1931, notwithstanding tho fact that at that particular time admittedly there was a very considerable accretion to value duo to the coining of the railway. He had arranged to have the matter taken at the coming sittings of the Court. The matter was in ths hands of the parties. If they did not desire to go ahead, tho award could bo framed in accordance with the terms in which it had been framed. THE ALTERNATIVE AWARDS. His Ilonour said that £400 had been fixed as the sum payable to Mrs. Hoaro in respect of her claim for two sections that had been taken. She was to be entitled to "that, together with interest at 5 per cent, from September 1, 1931, till the date of the award. If the Full Court decided that appreciation of value due to the railway was to be excluded, then in lieu of £400 Mrs. Hoare's compensation would be £175 with like interest. Mrs. Hoaro also made a claim for injurious affection. Although it was found that thero had been injurious affection,. it was considered that tho value of such injurious affection was more than set off by "betterment. As to costs, it was ordered that each party pay its own and that each party pay the assessors' fees of ten guineas each.

In. tho case of Tawa Central, Ltd., an alternative award was also made for £2100 or £565, with interest in each instance, according to the opinion of the Full Court on the question of law. . ■ -

. There was also a claim by Tawa Central, Ltd., said his Honour, for £4578 15s for injurious affection in respect' of land shortly described as "the ridges" and a further claim 6f about £700 for injurious affection in respect of another pieco -of land. On the whole claim under this heading the Court made no awardj except that it proposed to award the company an irrevocable right to a railway crossing. With the exception of the crossing aspect, it was considered that the claims made for injurious affection should not have been brought. The view taken was that the value of the land had been more than doubled by tho construction of the railway line. As far as costs wero concerned on this branch, they were to be borne by .the plaintiff. In regard to the others costs each party was to pay its own and the fees of its assessor which' were fixed at seventy guineas.

Assbeiated with Mr. Justice Blair as assessors were Mr. J. M. Dale for the claimants and Mr. E. Bold for the Minister of Public Works. It was stated by his Honour that Mr. Dale did. not concur in the awards.

Mr. F. \V. Ongloy appeared for the claimants in both eases, and Mr.1 A. E. Carrie, Crown Solicitor, with him Mr. Eodgers, for the Minister of Public Works.