Commonwealth, Department of Highways v. Picklesimer

CULLEN, Commissioner.

Appellees owned a 175-acre Magoffin County farm of which 20 acres were creek-bottom land and the rest hillside. The improvements were modest. The state condemned, for highway purposes, about 10 acres of the bottom land, on which were a tobacco barn and three small outbuildings, and some six acres of hill land. The jury awarded damages of $30,000. From the judgment for that amount the Commonwealth, Department of Highways, has appealed.

This case is indistinguishable in principle from Commonwealth, Department of Highways v. Harvey, Ky., 396 S.W.2d 511 (decided November 19,…