Commonwealth Transportation Cabinet Department of Highways v. Taub

LAMBERT, Justice.

At issue in this case is the legality of certain condemnation proceedings instituted by the Transportation Cabinet to acquire property for construction of the Toyota Access Road. After hearing the evidence and rendering detailed findings of fact and conclusions of law, the trial court held that the Commonwealth properly exercised its right of eminent domain and judgment was entered accordingly. On appeal, a divided panel of the Court of Appeals reversed. *50The primary basis for the decision of the court below was its view that the Transportation Cabinet failed to exercise the…