Commonwealth, Department of Highways v. Polk

WADDILL, Commissioner.

This condemnation action was instituted during October, 1959 for the acquisition of right of way for the construction of a limited access highway known as Henderson By-Pass. The portion condemned was a seven foot strip fronting 145.11 feet on the existing highway and a temporary easement 10 feet in depth immediately behind the land taken in fee. A circuit court jury awarded $3,500 for the land taken, $9,500 for damages to the remainder and $2,500 for the temporary easement.

While no improvements were located on the land taken in fee a commercial service station…