COMPENSATION CLAIM

Greymouth Evening Star, 13 April 1934, Page 2

COMPENSATION CLAIM

LAND TAKEN FOR RAILWAY.

[PEB PBESS ASSOCIATION.]

WELLINGTON, April 13.

The Full Court is considering a case stated under the Public Works Act, 1928, by the President of the Compensation Court. In March, 1931, a proclamation was issued, taking certain lands of Annie Elizabeth Finlayson, of Dargaville, widow, for the purposes of the Dargaville branch railway. Subsequently, Mrs Finlayson served on the Minister of Public Works a claim for £B9O, as compensation for the loss of the lands. The claim was heard by the compensation court at Dargaville in July, 1933. This Court made a tentative nett award of £43, being £33 for the land taken, and £lOO for injurious affects to land, less £9O, being the increased value to the claimant’s property. The Court reserved the right to counsel for both parties to argue certain questions of law. The main question involved is whether any amount in respect of increased value or betterment should be deducted from the compensation, in view of the fact that the railway has not been completed, and is not being proceeded with. It ceases at present some three and a-half miles from the claimant’s property. Mr A. M. Colliding '(Auckland), is appearing for the claimant, and Mr A. E. Currie for the respondent. Mr Currie submitted that, under the Statute, betterment must be allowed as long as increased value is likely to accrue. At the time the Public Works Department first entered on the claimant’s land, in February, 1929, there was no prospect of construction being discontinued in future, and betterment was likely, and must be assessed as at that date. There might be injustice in the present case, but the principle cut both ways. The case is proceeding.