SUPREME COURT.

Manawatu Standard, Volume XLI, Issue 8539, 20 March 1908, Page 5

SUPREME COURT.

PALMERSTON—FRIDAY. (Before Mr Justice Cooper.) CLAIM FOR- COMPENSATION, Edward Joshua Riddiford made a daim for £2200 against the Minister o£ Railways, for 2 acres 1 rood and 30 peaches of .land taken at Longburn and vested in the Crown for the purposes of the Foxton-New Plymouth railway, anddamages for loss of frontago to other lands adjoining. In respect of the two acres of land' taken,w hich had its frontage to the Palmerston-Longburn Road, plaintiff claimed £1200. Ho further claimed £1000 for loss of frontage to the public road on the ground that the adjoining land was severed l from the public road by 175 links, and'that the frontage was lost [ and separated by the several railway i lines and works made upon the land taken.- Tho land adjoining and the land taken, valuable building -sites, and the loss of frontage had, plaintiff claimed, precluded him from subdividing the rest of his property into building allotments. Claimant was represented by Mr H. Cooper, for Bell, Gully and Cooper, and tho Minister of Railways by Mr Gilford Marshall, Crown solicitor,- Wanganui. Legal argument took place as to grounds upon which the claims were made, and they were amended to damages for taking the land in question and injuriously affecting the balance of the land inasmuch as the land was now inaccessible to the public George L. Scott, surveyor. Palmersfcon North, was the first witness called for the plaintiff. He stated he had prepared plans for the road and railway through Longburn, and in tho plans had made provision for a crossing where the railway station was now situated. The plan showing the subdivisions on Mr Riddiford's land had only been prepared recently. Charles Louisson, managing director of the Burton Brewery Co., in giving evidence stated that he owned soinc land at Longburn comprising Ihree allotments. He had sold part of one of the sections for about £140 before the railway station was moved. He had also bought two other sections there, comprising thre iquarters of an acre for the hotel, for £500, and had three cottages which cost him £135 each to build. To Mr Marshall: Ho had purchased the property for the hotel because the rit at ion had been removed further up the line. If the station had not been shifted the land would probably not have been so valuable. The land on the opposite side of tho railway line to- the hotel was not as valuable as that on tho same side as the hotel. A number of houses had been built in Longburn recently. To Mr Cooper: If access were given to the sections across the lino they would probably be worth £50 to £60 for an eighth of an acre. Jens Ilcmniingscn, blacksmith, Longburn, stated that ho had bought about a quarter of an acre from Mr Louisson for £140. He had bought a section contaniing a quarter of an acre about three .years ago and paid £100 for it. About Christmas time he bought another section and paid £150 for it; this had a frontage of about half a chain. He had never found any difficulty in letting hi 3 cottage, and got a rental of 10s 6d per week for two, 12s for one, and 7s 6d for the other.

To Mr Marshall: About six or seven buildings had been erected in Longburn during the last ten years, exclusive of his own. There had not been any fires at Longburn during the past two years. John M. Johnston, land and commission agent, stated he had been in the district 22 years. Ho valued the land about Longburn for rural purposes at £50 per acre. A property (Mr Luxford's) about a mile nearer Palmerston had been sold for that figure. Mr Riddiford's land at Longburn wa- suitable for town sections, and if cut up into halfacre or quarter-acre sections would bring about £200 to £300 each, according to tho values ruling. The depreciation of the balance of the land in consequcnce of the loss of frontage wa-. about £10 per acre. To Mr Marshall: Mr Riddiford had land at the back of that for which he claimed damages. Mr Luxford's section was not as valuable as Mr Riddiford's, as it was subject to flood. Longburn was not a particularly progressive township. Ho would not be surprised .to hear that only £100 had been originally paid for the three-quarter' acre section on which the hotel was built, but thought it was very cheap. People would not go across the railway for land unless they could help it, or .they got it cheaper. The land was of no practical use for subdivisional purposes if no access were given to the public road. John Davis, land valuer, stated that he valued the land taken by the Government from Mr Riddiford at about £300 per acre. He thought there was not much depreciation in the balance of the land as a whole. To Mr Marshall,: He considered the whole block of land would fetch from £50 to £60 per acre. It could be cut into ten or fifteen aicre blocks, and would be suitable for market gardens and orchards. The proposal of the Government to give. Mr Riddiford access to both ends of hi 3 property would benefit it materially. Henry "George Bagnall, land and house agent, stated that ho had been told by the manager of the freezing works that there was a demand for about 25 cottages at Longburn. To Mr Marshall: He considered there would bo a demand for 40 or 50 sections with cottages on during tho next two years. (Left sitting.)