Commonwealth, Department of Highways v. Book

BIRD, Judge.

This appeal arises from a condemnation trial in Henderson Circuit Court.

The Commonwealth by its Department of Highways sought to condemn a strip of appellees’ land for the purpose of widening U. S. Highway 41. The strip of land is 3,104 feet long, 76 to 91 feet wide and measures 6.13 acres in area.

A jury awarded $6,130 to the appellees for the land taken and $2,408 for damages to the remainder. The Commonwealth appeals.

Appellant complains that all of the witnesses for the landowner were property owners along the highway and so interested in the improvement project that they could…