Proctor v. Commonwealth, Department of Highways

CLAY, Commissioner.

In this condemnation case the landowners appeal, claiming errors committed during the trial in the circuit court.

Appellants owned a 10-acre tract of land on the east side of Preston Street Road in Jefferson County. It was unimproved, undeveloped and uncleared, and it was covered with underbrush and trees. Appellants had owned the property for 40 years and had not used it for any purpose. It was zoned for residential use.

The Commonwealth condemned a 47½-foot strip across the frontage of approximately 350 feet for the purpose of widening Preston Street Road. The new highway…