Commonwealth, Dept. of Highways v. Wireman

DAVIS, Commissioner.

A jury of the Magoffin Circuit Court awarded $22,000 to the appellees in this condemnation action; the Department of Highways appeals from the ensuing judgment, which it asserts is for an excessive amount. The sole ground upon which the appellant relies is the failure of the trial court to strike appellees’ appraisal evidence as incompetent and improper.

The property involved is a tract of land about one-half mile from Salyersville, and was divided by Kentucky Highway No. 7 before the taking. There is disagreement between the parties as to the actual total acreage in the…