UNKNOWN

New Zealand Herald, Volume XVI, Issue 5496, 28 June 1879, Page 6

UNKNOWN

: pensation waß made wero w , ?of special v*lue, ao^ u, Wne?a a 9 purposo of tn ioso /2) By severance £ dairyman j/convenienoe, caesiDg great P d erm * n a e ro £6 00, (3) depreciation, «£ ;?* £' the i ino to oausmK. perth n inconvenience and depreciation £IoT (4) By "ason of a permanent and iecially valuable water-supply being totally speciauy » Through the atone from ?61 The cost If now well, £100 ; cost of new JS-'P £50 (7) The claimant, the sum Lcess-y to proper fence, for safe cross- "&* w'colemaa appeared for the claimant. Mr' Tyler (instructed by Messrs. Dignan and Armstrong) appeared for tbe GovernW Thelandwas described on the deed as confarinin" 22} acres, but it was actually found be an area of 27 acres. The frontage to the New North Road was stated to be 1221 feet* The lower part of the land towards the front was described, the back or near part being scoria. It was stated that the railway crossed a spring from which the claimant derived a water-Bupply for his Samuel Yaile, laud agent, was the first witnes.3 called. Ho estimated the value of ih» property beforo the railway passed through it at £SS7C, afterwards £4612. This was a depreciation equivalent to £1204. He believed the crossinas made were very dangerous to cattle. He valued the land at £160 an acre. He would probably in a few day 3 close a sale of land in the neighbourhood at tho rate of £200 an acre. The claimant would be entitled for the laud actnally taken. He would also be entitled for loss of water and the stone quarry. He had not based hie valuation upon the acreage but on the f routage. James Miller, an engineer, and owner of property in the neighbourhood, said the railway had certainly damaged the land throngh which, it passed. He know land which was worth £3 a-foot before, and-would Xiot now fetch more than £2 5s a-foot. Mr. T. Cheeseman said he had valued the property both upon the basis of a frontage value, and the acreage, at £3 a-foot frontage ; the value before the railway passed throngh it wonld be £3663. but it wonld not be now worth more than £2168 The land was worth £130 an acre upon the acreage, the value before the railway was made would be £3510, the present value about £2015.. He estimated the depreciation of the property at £1495. The damage through severance at £155, throngh loss of -water-snpply £400, cost of making crossing »afe at £316. Kobsrt Charles Greenwood, auctioneer, deposed that the valne of the land, before the railway passed through it was about £4000; it would not now fetch much more than £2500, or £2700. The crossings were very dangerous for cattle. He estimated the actual depreciation at something between £1000 and £1300. The claimant would be entitled for the land taken by the line, also for the severance, loss of water, and stone quarry. William 'Ware, C.E., deposed to the dangerous character of the crossings, owing to the sharpness of the carves at the points where they were placed. The embankment would admit of underground crossings, which he estimated to cost £450 to £465. Samuel Harding, C.E., gave aimilar evidence. He believed that the property was damaged, but he could not say the extent of ■ihe damage. Mr. J. B. Strange, stone-mason, Parnell, deposed that there were 20,000 yards of atone to the acre in the quarries, and that that the stone was worth Is a load. This concluded the case for the claimant. ■William AitkeD, land agent, was the first witness called by the Government in opposition to the claim set up. He said the land was worth £75 an acre before the line was made; since, it was worth £100 an acre. "ihera" was a general rise in the value of land there. There could be no doubt claimant's land was interfered with by the railway. He thought the amonnt to which, the claimant was entitled would be £300, viz., £150 for the acre and a-half actually taken for the .«line, £100 for' severance, and £50 for loss of ■Vtvater supply. Benjamin Tonka gave evidence to the same effect (£300). W. S. Cochrane corroborated the above testimony giv«n by Mr. Aitken (£309). J. M. Lennox gave similar testimony. James Stewart, District Engineer, gave evidsnee as to the character and position of the land in respeot of the line and the work of construction. This closed the case for the Government. Mr. Coleman asked leave to call Mr. William Baker, who had been subpenaed, but was not present at the earlier stage ot ihe enquiry. W. Baker said he knew the claimant's land. Was himself a property-holder in the neighbourhood. Would have given the claimant £3000 for his land before the railway was bronght through it. Now, would not entertain a proposal to purchase it. " The Conrt having heard counsel, retired . " .to consider their award. After an absence of three-quarters of an hour, they returned, and the President read the following decision:—"We hereby award'that £500 be paid to the claimant, in full compensation for land taken and damaged by the Kaipara and Punni railway, together -with £25, the costs of the inquiry, the judgment to be deposited until the assessors' fees be paid. This conclnded the business.