Commonwealth, Department of Highways v. Villines

DAVIS, Commissioner.

This is a condemnation proceeding in which the Department of Highways is acquiring right of way for the construction of a limited-access toll road known as the Pen-nyrile Parkway. The jury fixed a before value of $36,500, after value of $18,600, and rendered its verdict for $17,900. The Department appeals from the judgment on that verdict and presents three charges of error: (1) The award is so excessive as to appear *881to have been given under the influence of passion and prejudice and in disregard of the evidence and instructions of the court; (2) the landowner was not…