CLAIM FOR COMPENSATION.

New Zealand Herald, Volume XLIX, Issue 14933, 5 March 1912, Page 5

CLAIM FOR COMPENSATION.

LAND FOR A ROAD. A Compensation Court sat yesterday morning, for the purpose of inquiring into the claim of Frederick William Legg, farmer, of Silverdale (Wade), against the Pukeatua Road Board, for £197 compensation for land taken under the Public Works Act, for the construction of a road, and also for land injuriously affected by the same operation. The land taken for the road was stated to have been an area of four acres two roods and 33 perches, which area -was valued by claimant at £10 per acre, making £47; cost of fencing and gates, £100 depreciation of the value of the land by the severance of 35 acres from the test of the property, £50; total, £197. Mr. C. C. Kettle, S.M., presided, and the assessors were Messrs. Scruby and Erni Bond. Mr. M. G. McGregor appeared for the claimant. He said the road ran through the claimant's property for over a mile, and necessitated fencing upon either side of the road. This would require some 93 chains of fencing, and of course, i,n addition, there would be the necessary gates to be erected. The road had divided claimant's property of 125 acres into practically three portions, which involved a serious disability and injury to the property. Mr. McGregor added that there was one unusual feature of the case, viz., that within the last few days, since the action was commenced, the claimant had sold the balance of hi 3 property. But it was the higher land that had been taken for the road, and it was only the balance of the property that was sold, the price being £350. " Had the road not been taken and the property been left intact, claimant would not have sold at the price, and he would have required at least £200 more for it, for he maintained that the road ran through the very pick of his farming land. In h:3 evidence, the claimant said he sold his property some four or five years ago for £750, but the purchase was not completed. Shortly before the road was put through he would have sold for £825, not'for £750. In cross-examination by Mr. McVeagh, who appeared for the •respondent Board, the claimant said he was acquainted with an old resident of the district, Mr. Poynton, and was on friendly terms with him; but never on any occasion had he.said the road now complained of' would enhance the value of his property. Wm. James Wilson, and Samuel Crook Lloyd, settlers of a good many years' standing in the district, gave evidence that the taking of the road through the land had considerably depreciated the value of the property. The evidence was not concluded when the Court adjourned until 9.30 a.m. on Monday week, the 18th inst.