Property company Jackson Way has received €13 million in compensation for lands it owned in Carrickmines, Co Dublin which were acquired by Dún Laoghaire-Rathdown County Council.
Jackson Way had initially sought €113 million for around 20 acres of land which was acquired by the council to build the proposed South Eastern Motorway.
The shelf company - which has been investigated by the Mahon tribunal and whose beneficial owners are the businessman Mr Jim Kennedy and solicitor Mr John Caldwell -then revised the compensation claim downwards to €47 million.
About 20 acres of the 100 acres owned by Jackson Way at Carrickmines was acquired for the motorway. The council says it was willing to pay only €7.6 million for this land.
The council confirmed that it had received this morning a letter from the independent arbitrator, Mr John Shackleton, dated November 14th, that the compensation to Jackson Way was to be €13 million.
During arbitration hearings in October, lawyers for the council claimed that the company's evidence on its ownership structure was not "credible" because it conflicted with evidence given to the Mahon tribunal, which is investigating allegations of planning corruption involving Jackson Way.
They also claimed the Jackson Way land was subject to a restrictive covenant which would prevent any houses being built on it. This would adversely affect the land's value and should be taken into account before any compensation award was determined.
However, Mr Shackleton said his job was merely to decide on a claim for a piece of property. Issues relating to the title had nothing to do with him. Jackson Way would have to prove its title to the land after any award was made before it could collect its money. If issues arose which affected the valuation of the land, these could revert to him and he would deal with them "ten years down the line".
Meanwhile, Labour Party Councillor on Dún Laoghaire-Rathdown County Council, Mr Denis O'Callaghan has tabled a motion calling on the Council not to pay any more money to the Jackson Way company pending the findings of the Mahon Tribunal into the company.
"I have a motion before the Council calling on Council management not to payany more money to the company until such time as the findings of the MahonTribunal are published," Mr O'Callaghan said in a statement.
"Furthermore, I have also called on the County Council not to proceed withany rezoning of the Jackson Way properties in Carrickmines until such time asthe findings of the Tribunal are made clear.
"On the basis of legal advice, the County Manager has advised me that theCouncil cannot withhold arbitration awards. I call on the Minister MartinCullen therefore not to permit any further payments pending the Tribunal findings".