Commonwealth, Department of Highways v. Chapman

HILL, Judge.

The Department of Highways of this Commonwealth seeks 6.53 acres out of a tract containing between 60 and 72 acres, referred to herein as the Chapman tract, for use- in constructing the Western Kentucky Toll Road. The appellees, property owners, were given judgment in the county court for $7200.00, and a verdict and judgment in circuit court for $22,200.00. The Commonwealth appeals.

The surface of the land taken is owned by the heirs of one Dewey Chapman, twelve in number. The coal and mineral rights beneath this surface were severed by reservation many years ago and are now owned…