Commonwealth, Department of Highways v. Brown

DAVIS, Commissioner.

The Department of Highways appeals from the judgment awarding appellees $6,000 in this condemnation suit. Two bases for reversal are asserted: (1) The court erred in permitting incompetent evidence, and (2) the verdict is excessive.

The land involved is a farm which contained about sixty acres before the taking. It lay on existing Ky. Highway 114 (Pres-tonsburg-Salyersville Road). The taking is of 3.74 acres of bottom land and encompasses a strip traversing the southern portion of the farm. The effect of the taking is to divide the bottom land (which had originally…