The controversial shelf company Jackson Way Properties Ltd originally sought €60 million more than it could justify in compensation from Dún Laoghaire-Rathdown County Council because of its anxiety to lodge a claim quickly after part of its lands were taken for a motorway, it emerged yesterday.
A compensation hearing in the council's offices was told that Jackson Way's original claim for €116 million was lodged as "a first effort" so that negotiations with council could begin.
Jackson Way, a company under investigation by the Flood tribunal and the Criminal Assets Bureau, has since reduced its claim to just over €47 million. The claim follows the acquisition by compulsory purchase order of 20 acres of its lands at Carrickmines in south Dublin for the completion of the south-eastern motorway, which will cut Jackson Way's lands, which run to over 100 acres, in two.
Mr John Morley, a director of Hamilton Osbourne King, told the hearing yesterday the claim took a long time to prepare and the figure now being sought by Jackson Way "evolved over a long period".
He said the original claim was lodged on the basis of a preliminary report from a planning consultant. When further reports from an engineer and architect engaged by the firm were completed, the claim was adjusted.
"The clients were anxious to begin negotiations. They wanted to have a claim in over which we could negotiate but, as the council refused to negotiate with us, we were not able to discuss these matters," he said. "In most cases claims get amended as negotiations take place but no negotiations took place."
In other evidence, Mr Morley said the motorway was of no advantage to the Jackson Way lands. He believed they were seriously injured by it.
Mr Dermot Flanagan SC, for the council, put it to him that Jackson Way wanted to get full compensation for its land, keep the land and develop it at a later stage. "In a nutshell, you want to have your cake and eat it," he said.
Mr Morley rejected this. "What we are looking for here is fair and reasonable compensation for the injury that has been done to the lands," he said.
He added that Jackson Way had no alternative but to keep the lands remaining on either side of the motorway as the council hadn't offered to buy them.
Giving evidence for the council, agronomist Mr Lawrence Power said the lands were mostly zoned agricultural and the motorway would have no adverse impact on farming activity.
Mr Dermot O'Neill SC, for Jackson Way, asked was he suggesting the company should use the lands for foraging crops such as turnips and be happy with that. Mr Power said he was.
He added that, while the land would also be suitable for equine activities, noise from the motorway could impact on in-foal mares.
Jackson Way claims the lands would have been zoned residential and worth significantly more in the absence of the motorway.
The hearing continues today.