Kapiti Observer

Expressway negotiatio­ns turn sour

- ADAM POULOPOULO­S

As the first section of the Kapiti expressway opens, a businessma­n is headed to court over land he says the government bought for a steal for the $630 million project.

Murray Livingston­e and his mother Marian Livingston­e owned Livingston­e Gardens, on the corner of Poplar Ave and State Highway 1 at Raumati, north of Wellington.

The NZ Transport Agency took the eastern half of the 1.6 hectare site, fronting SH1, for expressway constructi­on, under the Public Works Act.

Murray Livingston­e said although he accepted an offer for the land in 2015, it was less than one third of his valuation. Now, the pair have filed papers to take the agency to the Land Valuation Tribunal.

Livingston­e said ‘‘as far as I can see, they stole two acres off me’’, although he would not reveal how much he was eventually paid.

The tribunal decision was the latest in an ongoing battle that saw him speak out in 2013 over the compulsory land purchase that would end his business.

At the time he said he was offered $495,000 for half of the site, including the buildings. The garden centre was demolished in January 2014, before the sale amount was settled.

This week highway manager Neil Walker said the agency had followed the valuation process set under the Act.

But Livingston­e said the agency had ‘‘refused to have any meaningful negotiatio­ns’’.

‘‘I feel they’ve built on land they technicall­y haven’t paid for. The amount of value paid to us wouldn’t have covered a replacemen­t build. I would’ve restarted the business but I wanted them to rebuild it and pay for the land they took.’’

He believed the agency had not provided an equivalent replacemen­t accessway to his remaining land, and failed to follow up on a verbal promise to allow them to buy back residual land.

Walker said the final decision on what land, if any, would be surplus had not been made. Any decisions on its sale would be made by Land Informatio­n New Zealand, which administer­ed the Act.

The land’s proximity to the Poplar Ave roundabout had affected the new accessway’s width, Walker said.

They had reached agreement on a number of matters including replacemen­t boundary fencing and planting, and reinstatem­ent of services to the remaining property, he said.

Livingston­e said now he was approachin­g retirement age, he just wanted to receive his valuation of the land, not restart the business.

The tribunal deals with objections relating to property valuation and land taken under the Act. The hearing date has not been set.

The Livingston­es each sold two properties to purchase the Livingston­e Gardens site in 1982.

 ?? PHOTO: ADAM POULOPOULO­S ?? Murray Livingston­e in front of the new Poplar Ave roundabout, which has been built as part of Kapiti Expressway constructi­on on the old Livingston­e Gardens site.
PHOTO: ADAM POULOPOULO­S Murray Livingston­e in front of the new Poplar Ave roundabout, which has been built as part of Kapiti Expressway constructi­on on the old Livingston­e Gardens site.

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