Commonwealth, Department of Highways v. Batts

DAVIS, Commissioner.

In this condemnation proceeding a jury found the before value of appellees’ property as $37,500, its after value as $22,000, resulting in a verdict of $15,500. The Department of Highways appeals from the judgment entered on that verdict, asserting that the verdict is so palpably excessive as to appear to have been given under the influence of passion and prejudice and in disregard of the evidence and instructions.

Appellees owned a rectangularly shaped, eighty-five acre farm near Kentucky Highway 370. The taking is for construction of the nonaccess highway known as the…