Commonwealth, Department of Highways v. Carson

HILL, Judge.

This is an appeal from a judgment in a condemnation proceeding instituted pursuant to Section 242 of the Constitution of Kentucky and KRS 177.089 et seq., to acquire the necessary right-of-way for reconstruction and relocation of a portion of Kentucky Highway 78 between Stanford and Hustonville.

For reversal appellant contends (1) the verdict is erroneous because the “after” value fixed in the verdict is not within the limits fixed in the evidence, and (2) that incompetent evidence was admitted.

Appellant seeks to acquire 6.61 acres in fee, .24 of an acre for two permanent…