COMPENSATION COURT.

Gisborne Times, Volume XXVII, Issue 2607, 15 September 1909, Page 6

COMPENSATION COURT.

RUSSELL STREET IMPROVEMENT.

Two claims against the Borough Council in respect of land taken for the widening ot Russell Street were heard in the Supremo Court yesterday, before Mr. W. A. Barton, S.M., and Messrs Geo. Grant and T. G. Lawless, assessors. Mr T. A. Coleman appeared for the Borough Council, and Mr. Blair for the claimants, who were George Edwards and Thos. Archibald Bathgate. The compensation asked for was £49 and £lO damages in the ease of Edwards and £49 in Bathgate e case. ' •

It was agreed to take -both cases together, and in opening the argument Mr. Blair mentioned that in each case the section was helf an acre, and the area appropriated 11.2 perches, . valued at £7OO per acre, Rtissell Street was an unformed road, being a, continuation of Palmerston Road, and counsel argued that in awarding compensation only the widening of tile thoroughfare could be taken into account. The metalling was a subsequent matter which might or might not take place. Mr. Sainsbury, giving evidence, related the circumstances of the purchase of JBathgate’s section, and explained why it was bought at the comparatively low price of £77. Ft E. Gaddum, manager for C. B. Hoadley and Co., said lie estimated the value of the sections in the. street at £650 per acre. Ho thought the removal backwards of Edwardg’ house would decrease its value, / Jas. Innes. land agent, said that he considered the land worth £6OO per aertt. C G. Piesse estimated it at the same figure. In reply to Mr. Coleman, however, Mr. Piesse said the widening of the street would in time increase the value. By Mr. Blair: The sections were now worth £3O or £4O less than before, apart from the metalling of the road. The widening bv itself would not improve the value .. Mr. Coleman mentioned that rue owner of the corner section in the street had surrendered over 25 porches and had been satisfied with £SO compensation. The Council had metalled both ends of the'street and were held up from completing the work by these compensation cases. Under the circumstances lie did not think the claimants were entitled to their claims. C. F. Lewis, the District Valuer, gave evidence to the effect .that this year he had assessed Edwards’ section (unimproved value) at £2OO, and y£2os for improvements, and Bathgate s at £2OO. This was after the land for widening the road had been taken. He thought the widening oit the road increased the value of the sections by about £4O or £SO each. Mr Blair asked to see the assessment book, but Mr. Lewis objected, and was' supported'by His Worship. John Sheridan, formerly owner of Edwards’ section, expressed the opinion that the widening of the road enhanced the value of the property. 'He had, he said offered part of -his section to the Council for nothing if they would widen the thoroughfare. Colonel Winter, surveyor, said he thought tile value of the property would increase with the widening of the street. John Coleman expressed similar views. This concluded the evidence. The property will be inspected by the Magistrate this afternoon, and the case accordingly stands adjourned.