Commonwealth, Department of Highways v. Cardinal Hill Nursery, Inc.

PALMORE, Judge.

This is a Chapter 177 (KRS 177.081-177.089) highway condemnation proceeding originating in the Franklin County Court, where the petition was dismissed because the state had not attempted “to contract or agree with the owner or owners” of the land sought to be taken, as required by KRS 177.081(1). On appeal the circuit court sustained the judgment of the county court on the broader ground that without producing any evidence the state failed to meet the burden of proving its right to condemn. As a matter of fact, the state introduced no proof in either the county or circuit court.