Commonwealth, Department of Highways v. Walker

PALMORE, Chief Justice.

Incident to the construction of a by-pass highway around the city of Danville the state highway department condemned approximately 10 acres of the appellee’s 125-acre farm located on the west side of U. S.Highway 150 some 2½ miles south of the city. The department appeals from an award of $18,000.

The first complaint is that the trial court erred in permitting the jury to view the premises after they had been substantially changed by the project. Obedient to the mandatory language of KRS 177.087(1) this court has been rather strict in upholding the right to a view, and…