Commonwealth, Department of Highways v. Cooper

MOREMEN, Chief Justice.

This case involves the condemnation of land belonging to appellee, Margaret B. Cooper.

Appellee’s land is an unimproved rectangular lot 295 feet in depth and 324.5 feet fronting on U. S. Highway 41, near the city of Henderson. .The land taken is 71 feet in depth across the entire frontage and consists of twenty-four per cent of the entire lot. On this particular property an extra 10 feet was taken from the edge of the former right-of-way leaving the property retained by appellee 10 feet farther back from the edge of the right-of-way than the adjoining properties.

The…