Commonwealth v. Cooksey

OPINION

SCHRODER, Judge:

This appeal involves a condemnation case under KRS 416.540, et seq. and the scope of the trial on the exceptions to the interlocutory judgment. The property owners’ answer contained a counterclaim for damages for bad faith negotiations, and the trial court attempted to address the issue of the exceptions in the jury trial.

The appellant filed suit on July 20,1995 to condemn a portion of the appellees’ (Cook-seys) property in McCracken County, for the alteration or relocation of U.S. 60. The answer filed admits the appellant’s right to condemn (paragraph 1) except when…