Commonwealth, Department of Highways v. Hendricks

CLAY, Commissioner.

In this highway condemnation case the Commonwealth took 20 acres of a 98-acre farm situated about 3½ miles south of Franklin. The property taken was to be used for the construction of an interchange on 1-65 and U.S. 31-W. The jury awarded $9,150.

Appellant’s principal contention is that it was not permitted to benefit from the enhancement in value of the landowners’ remaining property by reason of the location of the interchange. The specific argument, however, relates to the exclusion of evidence concerning public knowledge of the proposed project prior to the taking, and…