Commonwealth, Department of Highways v. Lanter

WADDILL, Commissioner.

The appeal is from a judgment obtained by appellees, the land owners, in this highway condemnation proceeding.

In behalf of the appellant, Commonwealth of Kentucky, it is contended that the trial court erred in rejecting the testimony of the county tax commissioner concerning the assessed valuation of the appellees’ property for 19S8. Apparently the trial court excluded this testimony because the valuation was determined by the tax commissioner on the basis of the reassessment made by the Commonwealth in 1954. Since it was shown that appellees had signed the 1958 —…