TAKING OF LAND

Waikato Times, Volume 126, Issue 21100, 30 April 1940, Page 11

TAKING OF LAND

PAEROA SCHOOL SITE CLAIM FOR COMPENSATION COURT’S MAJORITY DECISION (By Tciegrapli.—Special to Times) I AUCKLAND, Monday I A claim for compensation for land j in the Paeroa borough taken by the Auckland Education Board for a school site was brought in the Supreme Court today before Mr Justice Ostler. The claim was made against the board (Mr Towle) by Henry Robertson Bush, of Thames, retired civil servant (Mr Garland), as owner of the area of 13 acres 1 rood 8.2 perches in question, for which he asked £1646 compensation for land taken and land injuriously affected. Associated with His Honour were Mr F. L. G. West, assessor for the claimant, and Mr W. Wallace, assessor for the respondent board. Mr Garland said the area lay to the west of the Waihou River, about 300 yards from the main street of Paeroa. The Government valuation of it was £6OO capital and £IOO for improvements. He hoped to convince the Court that the Government valuation was not by any means the true value. Claimant had refused offers of £2OO and of £l5O for single acres in this block, and of £ISOO for 10 acres. In 1937 the Education Board had offered £720 for six acres and the claimant had accepted. Edwin Edwards, land agent and valuer, Paeroa, said he valued the total block at £1740 under a scheme of subdivision which he explained. William David Heys, farmer, said that in 1934 on behalf of another man he offered claimant £l5O an acre for 10 acres, but this was not accepted. Called by Mr Towle, William Alexander Gordon, district valuer at Hamilton, said there were 47 quite nice building sections within half a mile of the main street of Paeroa. The State Housing Department had turned down this property because it was too wet. He valued it at £655, made up of £550 capital and £lO5 for improvements.

By a majority, Mr Wallace dissenting, the Court awarded claimant £llßl for land taken and £3O for injurious affection, costs and fees to be met by the board.