Commonwealth, Department of Highways v. Hunt

CULLEN, Commissioner.

In this highway condemnation case the Department of Highways is appealing from a judgment awarding the appellee property owners $22,500. The appellees’ farm, near *898Bowling Green, originally consisted of 165 acres. The highway right of way cut across the farm, taking 20.52 acres. This left 41.48 unimproved acres on one side of the right of way, and 103 acres, with all of the improvements, on the other side.

The department contends that the verdict is excessive. This is on the theory that no substantial diminution in value of the farm reasonably could be attributed to the…