Commonwealth, Department of Highways v. Conley

PALMORE, Judge.

The Commonwealth appeals from a judgment of the Magoffin Circuit Court awarding the owners $3,500 for the taking of three small strips of their land, totalling .84 acres, incident to the widening of a public road.

The case is invested with some degree of confusion by reason of the circumstance that the parties do not agree as to the boundaries of the road prior to the widening and the trial court evidently did not determine that question. Although the plans were not filed as an exhibit, the testimony indicates that the state claimed an existing right-of-way 30 feet wide and is…