Commonwealth, Department of Highways v. Scott

DAVIS, Commissioner.

In this condemnation proceeding the appellant Department of Highways is acquiring 0.8 of an acre from appellees’ tract, which consisted of 13.2 acres prior to. the taking. The Department appeals from the judgment entered on the jury’s verdict awarding total recovery of $7,550, itemized as $3,600 for the land taken, plus $3,950 for resultant damages. (This trial was before the decision in Com., Dept. of Highways v. Sherrod, Ky., 367 S.W.2d 844.)

Basically, the appellant attacks the judgment on the ground that it is not supported by evidence substantiating it. Other…