Commonwealth, Department of Highways v. Dotson

WILLIAMS, Judge.

Appellant, Commonwealth of Kentucky, Department of Highways (hereinafter called Department), condemned a strip of land off the front of appellee Mitchell Dotson’s property for the purpose of constructing a portion of the Mountain Parkway extension. A jury in the Floyd Circuit Court returned a verdict in the amount of $13,500. From a judgment entered on that verdict this appeal is prosecuted.

Dotson’s 175-acre farm is located about six miles from Prestonsburg. Prior to the taking he had access to Highway 114 by way of a private lane which crossed Middle Creek. He had constructed…