LAND DEPRECIATION.

New Zealand Herald, Volume LXV, Issue 20076, 13 October 1928, Page 16

LAND DEPRECIATION.

DAMAGE FROM FLOODING. TAKAPUNA BOROUGH CASES. ONE CLAIMANT AWARDED £2OO. Judgment for claimants in each of two compensation claims against the lakapuna Borough Council was given by Mr. Justico Smith in the Supreme Court yesterday. Edward McLeod, who claimed £3ll 10s for depreciation in value of his piopcrty as a result of drainage works carried out by tho council, was awarded £2OO, with £2l costs, while Curtis Robert Armiger, who claimed £SO under similai circumstances, was awarded £lO. The caso for tho claimants, conducted by Mr. J. B. Johnston, had been heard tlno previous day, and yesterday Mr. Loxvrie submitted tho caso for tho Borough Council. With Mr. Justice SmSi.li were Mr. A. GreyiHe Walker, assessor for tho Takapuna Borough, and Mr. F. T. Hanna, assessor for claimants. Mr. Lowrie said tho claimant McLeod admitted a certain amount of water had always drained on to his property. All that 'Wiis claimed was that moro water now came on, but how much more no one had been able to say. The council had tho established statutory right that came through tilio water having filtered into the paddock for 40 years. McLeod acquired tho property in 1906, loaded with a catchment area of approximately eight acres.

Archibald Slinger, the borough engineer, said the new drain had not resulted in any increase of water on the properties. Several other witnesses called for the defence stated tho sections had not materially changed for about 15 years. The council's work had not reduced their value, as they were among tho lowestvalued sections in Takapuna. Both counsel addressed the Court, Mr. Johnston stating his clients' claim was adequately covered by the Public Works Act. His Honor and the assessors retired for over an hour before judgment was given.