Commonwealth, Department of Highways v. Branham

WILLIAMS, Judge.

Because of the construction of a limited access highway, designated as Interstate 64, the Commonwealth of Kentucky found it necessary to condemn a portion of land owned by the appellees, Frank and Ruth Branham. From a judgment of $30,294 in the county court both parties appealed to the Boyd Circuit Court. From a judgment in the amount of $40,000 in the Circuit Court the Commonwealth has appealed.

The appellees owned 125 acres which had been operated as a dairy farm until 1957. About 15 acres were level and the remainder was hill pasture land. Eight of the level acres had been…