CLAIM OVER DEVIATION

Hawera Star, Volume XLVI, 3 September 1926, Page 9

CLAIM OVER DEVIATION

AGAINST PATEA COUNTY COUNCIL

CASE BEFORE ASSESSMENT ' COURT.

Further proceedings in the claim before the Assessment Court at Hawera, in which Ch&s. Amon claimed from, the Patea County Council £350 as compensation for the depreciation in the value of his property as a result of deviation and deepening of the Ball road near the Alton Gorge were -taken this afternoon. The details of the clujjjn appear on page 4.

On the return of the Court from visiting the, .property. Mr O’Dea outlined his ease. I He briefly traced the origin, of the .claim, which had been made as the Tesult of the road outside his house having been lowered 14 feet. Access to the house was .gained by ia 14-foot ladder, .while a garage which had .housed his lorry was now useless. Counsel 'said he. understood that iifce defiance would rest- on two .points: (1) That the claimant was not the owner of the land at the time that th© (damage was done; and (2) that the time Limit .in which a claim might be laid had been exceeded. In .regard to the former, the claimant had approached a Mr Percy Palmer for the purpose of purchasing a piece of iland on which to build a house. A quarter of an acre had been .agreed upon, and! a house had been built by (claimant, but the owner of the land had not been able to produce a title and) payment for the section had been delayed, although it was fully understood that he was the .purchaser. It was not until December of last year that a final 1 settlement had been reached, and a title was now almost, completed. With regard to the further objection to the (claim on the ground that, the time limit had been exceeded, he would produce evidence to the effect thiat further work had' been done on the deviation- which affected the damage within the 12 months. On the other hand, he did not think a. local body should raisle technical objections in cases °f„ thi-s nature. He traced the history of the case ,and produced -correspondence which had nassed between the council and -the- plaintiff’s .solicitors to show that even if .a formal claim was not lodged within the- prescribed time, negotiations. which practically amounted to a claim, had taken place. The claimant, Charles Amon, stated in evidence that he first approached Mb Percy Palmer about six: years ago with regard to purchasing a piece of land. A quarter acre had been agreed upon and’ fenced, and the first part of the house and'. .a 1 garage built.. Although -witness had on several occasions spoken to Palmer with regard, to payment, and the matter of acquiring a title, this latter could not he, arranged as the title was not available. jolo.Se on two years after the land had beteni taken possession of. the matter of grabbing gorse as payment of .interest was agreed uoon. Payment for .the section, was finally made in December ,of last year.