Commonwealth, Department of Highways v. Swift

STEWART, Judge.

Appellant, Commonwealth of Kentucky, Department of Highways (herein referred to as the “Commonwealth”), pursuant to KRS 177.081 through ICRS 177.089, instituted proceedings in the Daviess County Court to condemn certain property belonging to C. C. 'Swift and his wife, Mamie, for right of way to construct an interstate highway. An award of $10,300 as recommended by the commissioners was entered by the county court. Both parties appealed to the circuit court, where a jury awarded $12,075 for land taken and damages to remainder. This is an appeal from the judgment entered on that…