Jackson Way compensation claim scheduled for hearing next week

A compensation claim for up to €118 million from the controversial Jackson Way Properties Ltd is to be heard before an arbitrator in Dún Laoghaire next week.

The compensation has been sought by Jackson Way because of the loss of some 22 acres of its land at Carrickmines, which the council said is required for the South Eastern Motorway.

The 22 acre parcel is part of an overall holding of more than 100 acres of land which Jackson Way owned at the time the motorway route was finally decided.

Some 60 acres of this land remain zoned for agricultural use while a further 24 acres were rezoned for industrial purposes in the 1998 Dún Laoghaire-Rathdown County Development Plan.

Earlier this year, Dún Laoghaire-Rathdown County Council won a stay on the arbitration proceedings when the High Court ruled compensation hearings should not take place until the completion of the Flood tribunal's inquiries into the operation of Jackson Way Properties. The tribunal is examining allegations that Jackson Way paid money to county councillors in connection with the rezoning of its land at Carrickmines.

The previous owner of the land, Paisley Park Investments, is also alleged to have paid money.

Jackson Way denies the bribery allegations. Tribunal lawyers have experienced great difficulty in establishing the ownership of the two companies and told an earlier court hearing of their belief that both companies share the same Irish owners.

The council argued in the High Court in January that, if these allegations were proved, Jackson Way's claim and any award made on foot of it would constitute "unjust enrichment" of the company.

The 106 acre parcel of land now owned by Jackson Way was originally sold by two farmers for £540,000 in 1988.

Jackson Way's current compensation claim relates solely to 22 acres which were acquired for the motorway. The company's claim includes €24 million for the land, €60 million for "injurious affection" and €7.62 million for "disturbance".

This summer the company succeeded in its Supreme Court appeal against the High Court stay and next Wednesday has now been set as the date for the compensation hearing.

The hearing is set to feature protests by conservationists concerned that the motorway will damage archaeological remains uncovered at Carrickmines Castle.