Commonwealth, Department of Highways v. Cain

CLAY, Commissioner.

In this highway condemnation case the jury awarded the landowners $20,000 for about 12i/2 acres of land taken. The Commonwealth contends the award was palpably excessive and that certain evidence lacked probative value and should have been stricken.

Appellees owned an irregularly shaped 200-acre tract of land near Salyersville. Some of it was hilly but the right of way traversed some of the best bottom land. In constructing the road, fills were necessary at various places which impaired the value of some of the remaining land for residential building lot purposes.

The…