LAND FOR RAILWAY

Nelson Evening Mail, Volume LXVI, 13 April 1934, Page 5

LAND FOR RAILWAY

QUESTION OF BETTERMENT FULL COURT HEARING (By Telegraph—Press Association) WELLINGTON, This Day. 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 Finlayson served on the Minister of Public Works a claim'for £B9O as compensation for the loss of land. The claim was heard by the Compensation Court at Dargaville in July 1933, and tbi s court made a tentative nett award of £43. being £33 for land taken, and £IOO for injurious affection to land, less being the increased value to 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 .n respect of the increased value or betterment should be deducted from compensation in view of- the fact that the raliway had not been completed and was not being proceed 'd with. It ceases at present some 31 niiies Goi.i claimant’s property. Mr A. M. Coulding (Auciiand) is a: ■

pearing for claimant, and Mr A. E. Currie for respondent? Mr Currie submitted that under liie statute betterment must he allowed as long as tiie increased vain-- is likely to accrue. At the time the Public Weeks Department first entered on claimant’s land, in February 1920, there was no prospect of the construction, being discontinued in the future, and betterment was likely, and must be. assessed as at that date. There might be an injustice in the present case, but the principle cut both ways. The case is proceeding.