Commonwealth, Department of Highways v. Strother

STEINFELD, Judge.

The Commonwealth appealed from a judgment which awarded the appellee property owners $49,000 as damages for property taken by condemnation for Interstate Highway No. 64, a limited-access highway. Appellant contends that the verdict is excessive and is not supported by evidence of sufficient probative value. We reverse.

This case involves Aggie Strother’s farm on which Carl Littleton and his family had lived and worked for many years. It consisted of 365 acres (according to a mineral lease), or 381 acres (according to the tax records). It had a 2.99 acre tobacco base. Fifteen…