Commonwealth, Department of Highways v. Quality Oil Co.

DAVIS, Commissioner.

The Department of Highways condemned a lot owned by appellees near the southern boundary of Henderson on U. S. Highway 41. The jury fixed the value of the property, all of which was taken, at $85,000. The Department has appealed, asserting that the verdict is palpably excessive and not supported by evidence of sufficient probative value.

The lot had frontage of 270 feet on U. S. Highway 41; its rear boundary line was 220 feet, and its side lines were 130 and 137 feet. There was situated on the lot a service station which .was constructed in 1963, less than four years before…