Commonwealth, Department of Highways v. Fitzpatrick

JONES, Justice.

This appeal involves a highway right-of-way condemnation action brought in Floyd County by the Department of Highways to acquire right-of-way for the reconstruction of U.S. 23 in Floyd County between Prestonsburg and Pikeville.

The property of the appellees H. D. Fitzpatrick, Jr., Martha Fitzpatrick, his wife, and Sallye Gatewood Ligón Clark contained a total of 87.1 acres, but was divided by U.S. 23 into tracts containing 5.93 acres and 81.17 acres. The smaller tract was below U.S. 23 and bordered on the river. It was considered as river-bottom land. The larger tract contained…