Commonwealth, Department of Highways v. Griffin

DAVIS, Commissioner.

Incident to construction of the nonaccess toll road known as Pennyrile Parkway, the Department of Highways condemned a tract of 8.56 acres which was part of a farm of 223.53 acres owned by the appel-lees. In the condemnation proceeding the jury awarded $8,000 to the appellees. The Department has appealed, contending that (1) the verdict is palpably excessive and without sufficient evidentiary support, and (2) noncompensable factors were erroneously used in evidence for the appellees.

The farm is situated on U.S. Highway 41, about twelve miles south of Henderson. The right…