Commonwealth, Department of Highways v. Bates

PALMORE, Judge.

The state highway department appeals from a judgment awarding appellees, Luther Bates and wife, $30,000 in a condemnation proceeding.

Before the taking the Bates property consisted of two dwelling houses, a concrete block garage building, and other lesser improvements situated on a 1.2-acre plot of ground on Kentucky Highway 15 within the city limits of Whitesburg. The portion acquired by the state consisted of a strip through the center of the property and included a 9-room brick veneer residence. After the taking this house was sold back to Bates and was removed to another…