Commonwealth, Department of Highways v. McGeorge

PALMORE, Judge.

The Highway Department appeals from a judgment entered pursuant to a jury ver-diet in a condemnation proceeding awarding Howard McGeorge and wife $2,000 for .78 acres taken from their 9.8-acre tract of land and $1,000 for damages to the remainder by reason of the taking.

The tract in question fronts about 600 feet on the south side of U. S. Highway 119 in Bell County and runs back a depth of some 880 feet to the Cumberland River. It is bottom land and lies several feet below the level of the highway, falling away from the road so that a southward relocation of the right-of-way…