Commonwealth, Department of Highways v. Burton

HILL, Judge.

This is an appeal from a judgment of $48,000 awarded for 16.48 acres taken from appellees’ 188-acre farm adjacent to the city of Owensboro for use in the construction of the Owensboro Beltline. We are told that the judgment should be reversed because (1) appellees’ witnesses based their opinions upon sales of noncomparable properties, and (2) the trial court made prejudicial remarks in the presence of the jury.

The witnesses on evaluation gave opinions relative to the before and after values as follows:

APPELLEES

Before After Difference

Hardesty $282,000 $224,000 $48,000

Brown 226,000…