LANDOWNER'S CLAIM.

New Zealand Herald, Volume LXVII, Issue 20595, 20 June 1930, Page 14

LANDOWNER'S CLAIM.

[COMPENSATION FROM CROWN

;• A UNANIMOUS DECISION. SUM OF £I7OO AWARDED. 'A unanimous decision was announced by tho Compensation Court yesterday morning in the claim of James Donald, of 'Auckland (Mr. Leary), against (he Publio Work 3 Department (Mr. Meredith). Tho claim was for £3820 for acres of land at Panmuro, taken by tho department for power purposes, and for alleged injurious affects on tho diminution in value of tho remaining 46 acres of tho property. Mr, Justico Ostler presided over the Court and had associated with him M r - J. Alexander, assessor for the Crown, nnd Mr. J. B. Paterson, for the claimant. "I am glad to say that after much consideration the Court has been able to come to a unanimous decision," said His Honor. "There was a great difference of opinion on tho various points, but happily these have been reconciled from a desire to save the parties tho costs of another cuso and in a happy spirit of compromise." The Court awarded the claimant £I7OO in full compensation for the land taken, and for such injuries as had been suffered by him. In addition (o the sum awarded the Crown is to be liable for tho cast of fencing if and when it desires to fence, and if nnd when that time conies tho Crown is to provide one right of crossing for vehicles und stock and to erect suitable gates in tho fences. No interest was allowed on the sum awarded, because tho claimant had had the use of tho land up to tho present time with very little disturbance, and would no doubt continue to huve the use of tho land until fences wero erected.

As Lhe sum awarded, together with the cost of fencing and the value of crossing rights, did not reach half the amount claimed, each party would bear its own costs and pay its own assessor. The assessors' fees were fixed at £2B 7s each.