Commonwealth Transportation Cabinet, Department of Highways v. Comer

HOWERTON, Judge.

The Commonwealth of Kentucky, Transportation Cabinet, Department of Highways appeals from a determination of the Fayette Circuit Court that Raymond Comer and Marion Corn were denied reasonable access to their properties when the state constructed a railroad underpass on South Broadway in Lexington. After the trial court concluded there was a public taking of the land, a jury awarded $240,000 to Comer and $111,000 to Com.

In a previous proceeding, the trial court concluded that there was no compensable taking. As that decision was apparently based on the judge’s personal…