Commonwealth, Department of Highways v. Sutton

DAVIS, Commissioner.

In a condemnation proceeding a jury awarded appellee $23,000 based on a finding of before value of $33,000 and after value of $10,000. The condemnor has appealed, asserting that the verdict is palpably excessive and not supported by evidence of probative value.

The right of way was needed for construction of the ’ Pennyrile Parkway, a limited-access toll road. Appellee’s farm, before the taking, contained 95.71 acres. By reason of the taking of an irregularly shaped tract of nearly thirty-five acres, the remaining property was left in two noncontiguous tracts, containing…