The New Zealand Railways Magazine, Volume 7, Issue 5 (September 1, 1932)

Land Acquisition: A Typical Case

Land Acquisition: A Typical Case.

We will suppose that as part of its developmental programme the Department finds it necessary to acquire “Blackacre” from that well known figure in legal fiction “John Doe.” Surveys are carried out by the Department's surveyor, plans are prepared to the standard set by the Surveyor-General, and a proclamation is drafted and gazetted. From the date of the issue of the Gazette notice containing the proclamation, the land is vested in the Railway Department, and the question of the payment of a fair price for it comes to the fore.

It is a peculiarity of human nature that “Blackacre,” in John Doe's mind, when it is required for public purposes, becomes immediately blessed with advantages to him which give it an astonishing value when compensation is to be assessed. Here is full play for the utmost tact and care in negotiations. While the Department naturally desires to pay a fair price for land, it is essential that the adoption of a sympathetic stand in dealing with John Doe should not be allowed to result in the land costing the Department more than its fair value. The statutory provisions under which land is taken provide that compensation may be arrived at by mutual agreement between the parties;

New Zealand Railways Land Office Staff (Rly. Publicity photos.) (1) Mr. R. G. J. Wilson, Chief Clerk; (2) Clerical and Deeds Staff; (3) Mr. G. H. Davis, Land Officer; (4) Typistes section; (5) Records Staff

New Zealand Railways Land Office Staff
(Rly. Publicity photos.)
(1) Mr. R. G. J. Wilson, Chief Clerk; (2) Clerical and Deeds Staff; (3) Mr. G. H. Davis, Land Officer; (4) Typistes section; (5) Records Staff

New Zealand Railways Land Office Staff (Rlys. Publicity photos.) (1) Mr. H. W. J. Cook, Chief Draftsman and Proclamation Officer; (2) Drawing Office Staff; (3) The Land Office Staff; (4) Messrs. D. Currie, Surveyor and Draftsman, and L. T. Cooper, Draftsman; (5) Mr. P. St. John Keenan, Land Draftsman

New Zealand Railways Land Office Staff
(Rlys. Publicity photos.)
(1) Mr. H. W. J. Cook, Chief Draftsman and Proclamation Officer; (2) Drawing Office Staff; (3) The Land Office Staff; (4) Messrs. D. Currie, Surveyor and Draftsman, and L. T. Cooper, Draftsman; (5) Mr. P. St. John Keenan, Land Draftsman

or failing that, that it should be assessed by a Compensation Court. All wise people avoid litigation where possible, and it is to the credit of the Department that in all the thousands of negotiations which have taken place since the inception of the Land Office, only about 3 per cent. have required to go to the Compensation Court for final settlement. This satisfactory result has been achieved by strict fairness in dealing with claimants, and a due regard to the rights of both sides.

“Blackacre” having been acquired and handed over to the Working Railways, we find that on the fringe there is an area of say half-an-acre that is not required for immediate use, or which by the terms of the settlement the Department has been forced to acquire in excess of its needs. It is with the use of this land to the best advantage that the Land Office has to deal. Sometimes it is put to suitable uses, such as tree planting. It may be disposed of to the best advantage by public auction, but it is usually leased. The leasing is governed by several policy considerations. If the land is in or adjacent to a busy station yard with siding accommodation it makes ideal business and factory sites, the convenient rail access being to the advantage both of the Department and the lessee. On the other hand, the unused portion of our “Blackacre” section may consist only of a strip of land alongside the track, or a portion which by its nature and location is suitable only for agricultural purposes. By leasing it the Department benefits both directly and indirectly; it creates a revenue producing asset, and it relieves the Railway staff to a certain extent from the responsibilities involved in holding land idle, which frequently has to be cleared of noxious weeds.