Agency seeks to force land sale for City Rail Link

Acquisitions for the $2.5 billion rail route are nearly complete. Photo / Sarah Ivey

First time Public Works Act used for compulsory acquisition for City Rail Link project.

Auckland Transport is taking legal action to force owners of Eden Terrace properties to sell up for the $2.5 billion City Rail Link.

Public notices were published in the Herald this month showing compulsory acquisition action is planned by the council-controlled authority at 34 and 36-38 Nikau St.

The notices were headlined "notice of intention take land for road-city rail link project, Auckland".

Property records show Julie and Joseph Hoeft own the first property, a 203sq m plot with a council valuation last July of $720,000, while Joseph Hoeft alone owns the second, a 580sq m plot with a council valuation of $1.3 million.

An Auckland Transport spokeswoman said this was the first time the provisions of the Public Works Act had been used for any compulsory acquisition under the CRL.

Other owners had all co-operated, allowing purchases to be made.

"It's the only [notice] we've had to give on 65 properties to date," the spokeswoman said. Acquisitions for the rail route are now almost completed, she said.

"We need to buy 69 properties and these properties count as one. The owners were advised in 2012 that their properties would be required for purchasing."

A section 23 notice under the Public Works Act sparks action.

"This doesn't have any impact on their rights or compensation they are due under the PWA. For example, fair market value at the time of purchase still applies. But it establishes timeframes, so it gives us or the CRL some set timeframes in which to do things and certainty about acquiring the property.

"The overall process has gone very well. Negotiations are progressing well on the Life church. We're hopeful we can find them an alternative property soon. We have identified properties we think suitable but it's a big site so it's not a simple thing to do," the spokeswoman said.

The church straddles its large holding between Mt Eden Rd and Shaddock St and the negotiations have been extensive.

Subterranean or sub-surface property purchases are to begin at the end of the year.

$2.5b City Rail Link progress
•65 properties on route purchased for $100m.
•Only four properties left to purchase.
•Three Nikau St addresses being compulsorily acquired.
•Subterranean purchases start later this year.
•Life church negotiations ongoing.
•CRL will allow 30,000 people per hour to travel in peak times.