LAND FOR RAILWAY.

Star (Christchurch), Volume LXVI, Issue 20280, 14 April 1934, Page 27 (Supplement)

LAND FOR RAILWAY.

Compensation Question in Full Court. Per Press Association. - < WELLINGTON, April 13. The Full Court is considering a case stated under the Public Works Act, 1928, by the President of the Compel sation Court. In. March, 1931, a proclamation was issued taking certain lands of Annie Elizabeth Finlayson, of Dargaville. widow, for the purposes of the Dargavitle branch railway. Subsequently, Mrs Finlayson served on the Minister of Public Works a claim for £B9O as compensation for the loss of the lands. The claim was heard by the Compensation Court at Dargaville in July, 1933. This Court made a tentative net award of £43, being £33 for the land, taken and £IOO for injurious affection to the land, less £9O representing the increased value to claimant’s property. The Court reserved the right to counsel for both parties to argue certain questions of law. Mr A. M. Goulding (Auckland) is appearing for claimant, and Mr A. E. Currie for respondent. Mr Goulding submitted that a right to compensation arose when land was actually taken by proclamation and not when the first entry on the land was made. Under the statute, betterment was limited to increase in value likely to be caused by the execution of the works. The actual construction work ceased more than a year prior to the taking of the land and, therefore, if (as he submitted) the mere taking of the land was not execution of the works within the meaning of the statute, then no award in respect of betterment could be made. After Mr Currie had replied briefly, the Court reserved its judgment.