COMPENSATION COURT.

New Zealand Mail, Issue 771, 10 December 1886, Page 17

COMPENSATION COURT.

Thursday, December 9.

(Before his Honor Mr Justice Richmond

and Messrs C. J. Toxward and H. Jackson, Assessors.) CRAWFORD V. MINISTER OF PUBLIC WORKS.

Mr A. de B. Brandon for the claimant. Mr H. D. Bell for the Government. Mr Brandon said this was a claim for compensation in respect of land taken nnder the Pub* lie Works Act of 1885 for defence purposes. The land was situated at Watts’ Peninsula, and consisted of sections 1 and 2 and part of section 3 on the plan of the Peninsula. The area taken was 245 acres. The amount of the claim was £29,000 compensation for loss and damage arising out of the taking of the land, and £2OOO compensation for loss and damage arising out of the construction of the works, which included damage to the neighboring land belonging to the claimant. The claim was declined by the Department, and an offer of £2450 was made. That offer was declined by the claimant. The question before the Court would be simply as to the value of the land, and be proposed to give evidence as to the question. Witnesses would be called who would depose as to their opinion of the possibility of the land being required for building purposes. He might say at once that the amount of the claim had been determined on the assumption that this land, or a large portion of it, would before long be required for building purposes had it not been taken for defence purposes.

Francis Sidey, auctioneer, residing in Evans Bay, deposed that he had been in business in Wellington for over 20 years, and bad dealt during that time with a great deal of land. He had been over to Point Halswell, and inspected the land taken by the Defence Department. Went there for the purpose of making a valuation. Valued it all round at £IOO an acre. Took into consideration that there were so many harbor frontages, so many building sites, and so many acres almost valueless. Roughly measured the sheltered harbor

frontages at about 30 acres available for building purposes. These he valued at about £SOO an acre. r Considered those frontages had very considerable value for commercial purpeses. They were sheltered from prevailing winds, and would be valuable for yachting residences and for shipbuilding purposes.- Outside this, there were about 70 acres available for building sites. These he Valued at £7O an acre. They were scattered‘over the whole place, but principally along the line of road, on either side. The road, which ran out 1 to the point, made by Mr Crawford some time ago opened up the land well. By his Honor: This road was a continuation of the road from Wellington, and went along near the eastern ridge of . the land. The military roads were such as would have to be made to open up the land, though rather more expensive perhaps. Examination continued : Put the remaining 100 acres of the land, down at about £1 an acre. That brought the valuation up to £20,000. By Mr Bell : In the two bays in Evans Bay, buildings oould. be pnt on the elevation, and workshops in front. The land was about three miles from Newtown (Constable-street) by land. The flat land nearer up to the head of Evans Bay, in front of the Burnham Bio,ok, was more exposed to the north-west wind than Shelly Beach. Did not know of any demand for land to which access was by sea. The witness was examined at some length by Mr Bell as to the value of land at Seatown. There was n« demand for land in that neighborhood, he said, The land to the southward of the pilot station in Worser Bay would be more valuable than that taken by the Government if it were well sheltered. Should not consider land at Seatown worth more than £2O an acre at present. James Ames, valuer to the Corporation, deposed that he valued the land now in question as follows :—l3O acres of very good building sites,; at £l2O an acre ; 70 acres, at £7O an acre ; and 45 acres at £45 an acre. The land was about two miles from Wellington, could be approached by sea or land, and land was now becoming so dear in the city that people must go outside for it. This was one of the best spots to which people could go near Wellington. The sun shone there for two hours or two hours and a half later than in Wellington. There were several good landing places, and the water in the vicinity was excellent. Thought the time was fast approaching when Mr Craw* ford would have been able to sell the laud at the prices quoted. The total valuation (Mr Ames’) was £23,100. C. E. W. Willeston deposed that he had seen a great many harbors in various parts of the world. 'He gave instances of the large value wljich land in Sydney, Adelaide, and Anckland had attained, and expressed an opinion that the land now in question would also be of very great value. Stephen Lancaster deposed that he valued the 245 acres at £19,375. He estimated approximately that about 100 acres could be got of valuable building land. This he valued at £l2O an acre. Second-class land, 100 acres, he valued at £SO an acre ; and third-class land, 45 acres, at £25 an acre. Witness had sold land at Karori, four miles from .Wellington, at £2OO an acre recently ; and he considered this land would in time be worth as much as that at Karori.

James Coutts Crawford, the claimant, deposed that between two and three years ago Mr Williamson invited him to put the land into the market. Witness replied that he proposed to put the land into the market when the Wellington-Manawatu railway was through. Mr Williamson said there was a demand for this kind of land, and mentioned some names. [Mr Bell remarked here that the Government would put up the fences, &c. ; Mr Crawford could have anything he wanted in that wav.] The damage caused by the want of fences, &c M would be considerable. He had no complaint to make against the Constabulary, who were generally very particular in shutting gates, and so on. The Government had been in possession of the land since April, 1884. Got about £9O an acre for Seatown, in 1879. This was the case for the plaintiff. Mr Bell, addressing the Court, pointed out that the land in question on the coast line was very precipitous, while on the eastern side it was more level and nearer Wellington. Mr Crawford had planned a graving dock to be erected about opposite the sli- , which showed that in his opinion that part of the bay was more valuable for commercial purposes than the laud in the small bays, of which Mr Ames had spoken. Mr Bell then called evidence as follows :

G. H. Scales, insurance agent, and valuer for the Property Tax Department fer the Hutt County, deposed that he had inspected the land taken by the Government from Mr Crawford. In his opinion the land would eventually, with a large, population, be used for residental sites. Should not think people would go there before they went to Island Bay. At present be did not think the land would be selected. Had subdivided the land into four different classes. The best classes comprised land fronting, or in proximity to the water edge, and those at a higher elevation. There were about 25 acres fronting the water, which might some day be cut up, and those he valued at £2O au, acre. The second class was on the top, exposed very much to the winds. There /were about 50 acres there, which he valued at £l2 an acre, allowing that a large sum would have to be spent in improving the road. The third class, which comprised land which, though not valuable for building purposes, might be worth something for grazing and other purposes when the other land was settled, he valued at £9 an acre, there being about 100 acres; and the third class, comprising land at present useless, but which might be made valuable by settlement in the neighborhood, he valued at £3 an acre—7o acres. He did not think the land would be useful for gardening purposes. Should consider people vrould prefer living at Porirua or Paremata to living at Watts’ Peninsula. The water on the top of the Peninsula was not {good. Cross-examined : Had been in business for two years. Before that he was an insurance clerk, and did no business in land then. Had not had any experience in connection with sea frontages. Was appointed property tax valuer eighteen months ago, tenders being called for the office. Considered coals and groceries would be cheaper at Porirua than at Point Hals well. Henry Kember, valuer for the Property Tax Department for the district outßide

Wellington, in Wellington, Watts’ Peninsula, deposed that in his opinion a speculator would give about £2500 for the land taken. There might be ten or twelve acres available for building purposes, but it was spread about so much that in bis opinion p township could not be made there.

C. W. Smith, a. member of the firm of B. Smith and 1 Co., deposed that he had valued the land at the Peninsula. - His per- ' sonal estimate was £9 an acre, but his firm valued it at £lO. These valuations were, made on the assumption that some of the flat strips would be used for building purposes. Should think it would b® safe to lend £2 or £3 an acre on the land. There were not many inquiries for land with sea frontages. / C. J. Tatum, commission agent, deposed that he had inspected the land.. He was of opinion that the prospect of it ever being required was very remote, because there was bo much other land in the vicinity of the city. He valued the land, of the cost of the means of approach, which would have to be provided, at £1794. James Loekie, contractor, deposed that he had visited the land. He could not see any prospeet of settlement there from a building point of view. Considered that the land, which was not well settled now, would be settled before Point Halswell; and he considered that that portion of Mr Crawford’s land near his residence would be settled first. Estimated the land to be worth £8 au acre.

Edward Connal, assistant engineer, deposed that the roads to the defence works were made under his supervision. The road would cost about £509 a mile, and there were two miles and three-quarters. This was the case for the Crow;n. His Honor said the Court would take time to consider its verdict, and the sitting was accordingly adjourned till Monday morning.