Commonwealth, Department of Highways v. Robinette

MILLIKEN, Judge.

This is an appeal by the Department of Highways from a judgment in a condemnation case which was rendered prior to Commonwealth1, Department of Highways v. Sherrod (1963), Ky., 367 S.W.2d 844. The land affected by the condemnation was a 128.8-acre tract jointly owned by Pearlie Robinette and her adult son, Harrison Robinette, Jr. The tract was used as a dairy farm and was composed of level, bottom land and hilly land, the Department taking 11.4 acres of the former and 28.9 acres of the latter for the construction of Interstate 64, or 40.3 acres altogether. The new road…