Commonwealth, Department of Highways v. Oakland United Baptist Church

PALMORE, Judge.

In the acquisition of right-of-way for an interstate highway (1-64) the state highway department found it necessary to condemn the Oakland United Baptist Church at the junction of U. S. Highway 23 and Kentucky Highway 538 about 3 miles from Catlettsburg in Boyd County, Kentucky. The department appeals from a judgment entered on a jury verdict in circuit court awarding $10,000 as the value of the property.

The church was a 30' x 46' concrete block structure situated on a .21-acre lot (9200 square feet). It was built in 1952. It had no basement and no plumbing facilities. A small…