Kirk v. Commonwealth, Department of Highways

STEINFELD, Justice.

For highway purposes the Commonwealth condemned 4.19 acres from a 38.70 acre tract owned by appellants. The jury found that the before-taking value was $39,000 and the after-taking value was $29,000. From a judgment awarding the owners $10,000, they have appealed claiming only that the trial court erred in allowing, over their objection, testimony that the remaining land was sold for $29,000 fifty days after the taking date.

The proof showed that the sale was at “arm’s length”, although the purchasers bought the property in order to acquire the dirt. The two valuation…