Commonwealth, Department of Highways v. Rhea

STEWART, Judge.

In this highway condemnation proceeding the landowners recovered $16,000 from the Commonwealth of Kentucky, Department of Highways, $13,500 for 3.5 acres of land taken and $2500 for damages to the land not taken. (This case was tried before Commonwealth, Department of Highways v. Sherrod, Ky., 367 S.W.2d 844.) The property taken includes all the improvements and is carved out of a 24-acre tract. The Department appeals.

Three grounds for reversal are urged: (1) That the testimony of the landowners’ witness, Robert Wilson, in respect to the damages assessed by him to the…