Commonwealth, Department of Highways v. Gibbs Enterprises, Inc.

PALMORE, Judge.

The Department of Highways appeals from a judgment awarding Gibbs Enterprises, Inc., $36,000 as compensation for the taking of a strip of land fronting on U. S. Highway 23 in Greenup County near the City of Ashland.

The land taken is part of a 2.75-acre triangle bought by Gibbs in 1964 for $25,000. It was then a swampy area and was below the level of Highway 23. Gibbs had it filled and graded and put in a railroad spur. The triangle is bounded on the west by the highway, on the east by the C. & O. Railroad, and on the south by White Oak Creek. An area of .31 acres next to the…