Jones v. Commonwealth, Department of Highways

DAVIS, Commissioner.

Presented on appeal is whether appellants are entitled to have considered as one tract two non-contiguous tracts, from one of which a portion is taken in this condemnation proceeding. The trial judge ruled that the tracts could not be considered as one.

For our purposes, a portion of the facts which were stipulated in the trial court will serve to focus upon the issue at bar; we quote pertinent portions of that stipulation:

“In 1957 the James C. Irvin Co. purchased the John H. Caperton Estate lying south of the River Road and east of Indian Hills Road in Jefferson County,…