Commonwealth, Department of Highways v. Saunders

When a jury awards $35,000 for 14.2 acres of rough, unimproved knob land, I blush quickly. If there ever was a case where the first blush rule applies this is it. Commonwealth, Dept. of Highways v. Holbrook, Ky., 390 S.W.2d 897.

The claim that it is desirable property to be subdivided for residence purposes is not justified. No subdivision plan has been suggested. Part of the property is located next to a railroad switching yard, which does not enhance the desirability for residence purposes.

The majority opinion on its face shows that the verdict is excessive. Before the taking, the entire…