Legal Opinion
Commonwealth, Department of Highways v. Brooks
Court of Appeals of Kentucky
Decided January 24, 1969PublishedCited by 6 opinions
1Opinion of the Court
CLAY, Commissioner.
In this highway condemnation case the jury awarded $24,000 for the taking of 121/2 acres from a 236-acre farm. It is necessary for us to consider only one of appellant’s grounds for reversal.
The lowest after value fixed by the expert witnesses was $55,000. The jury verdict found that after value to be $53,000, $2,000 less than the lowest figure with respect to which there was expert testimony. We have consistently held that an award based on such a finding is without evidentiary support and requires reversal of the judgment. Commonwealth, Dept. of Highways v. Carson, Ky.,…
2Cases cited10 opinions
- Commonwealth, Department of Highway v. RankinCourt of Appeals of Kentucky (pre-1976) · 1960
- United States v. Certain Parcels of Land in the County of Arlington, State of Virginia, and Howard W. SilsbyCourt of Appeals for the Fourth Circuit · 1958
- Commonwealth, Department of Highways v. CammackCourt of Appeals of Kentucky (pre-1976) · 1966
- Commonwealth, Department of Highways v. CreasonCourt of Appeals of Kentucky (pre-1976) · 1966
- Crittenden County v. LoweryCourt of Appeals of Kentucky (pre-1976) · 1936
5 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Commonwealth Department of Highways v. MartinCourt of Appeals of Kentucky · 1971
- Commonwealth v. BaumanCourt of Appeals of Kentucky · 1971
- Culver v. Commonwealth, Department of HighwaysCourt of Appeals of Kentucky · 1970
- Commonwealth, Department of Highways v. CarracoCourt of Appeals of Kentucky · 1972
- Commonwealth, Department of Highways v. StallingsCourt of Appeals of Kentucky · 1971
1 more not listed; retrieve them via the Exa API.