Commonwealth, Department of Highways v. Horne

OSBORNE, Judge.

In this action, the Commonwealth of Kentucky, Department of Highways, seeks to condemn approximately 2¾ acres of land upon which are located two frame dwelling houses; one 36' x 24', the other 28' x 14' and a small shack or workshop constructed out of used corrugated tin, 24' x 16'. The property is subject to pondage easement to the federal government, under which approximately ½ of it is flooded on the average of twice a year. The property is hilly, the houses are located on the high ground, and therefore, not affected by the flooding.

The action was tried before a jury on…