Commonwealth, Department of Highways v. Tabor

CLAY, Commissioner.

This is an appeal from a $70,000 judgment constituting a condemnation award *435for land taken in the town of Olive Hill for the reconstruction of U.S. Highway 60. The Commonwealth poses the single question : “Is the verdict excessive for the reason there is insufficient evidence of probative value to support it?”

The property involved is a lot near the center of town, facing 291 feet on Main Street, with a retaining wall across the front ranging from three to ten feet above street level. The ground sloped upward to a very steep hill at the rear, which gave an effective useable…