Commonwealth, Department of Highways v. Moore

OSBORNE, Judge.

The Department of Highways is appealing from the judgment of the Henry Circuit Court in this condemnation case. The property involved is a 25-cow Grade-B dairy farm with a tobacco base as well. The taking was for a non-access road and involved around 11 acres. However an underpass was built for a small gravel road running next to the land involved, so there *82still is ready access from one portion of the farm to the other. Prior to the taking- the farm consisted of 92 acres. It was not all in one tract. Eight acres were in a separate tract across the gravel road. This field had…