Legal Opinion
Commonwealth, Department of Highways v. Rogers
Court of Appeals of Kentucky
Decided November 19, 1965PublishedCited by 9 opinions
1Opinion of the Court
CLAY, Commissioner.
This is a condemnation case, tried prior to our decision in Com., Dept. of Highways v. Sherrod, Ky., 367 S.W.2d 844, in which the jury awarded the landowners $7,500 for land taken and $20,000 as damages to the remainder. The Commonwealth appeals principally on the grounds that the damages were excessive and were based upon incompetent evidence. We agree.
The property involved is an eight-acre tract of land in Madison County. It is divided and devoted to two entirely distinct and different uses. Facing Kentucky Highway 52 {not here involved) is a substantial residence with an…
2Cases cited16 opinions
- Sharp v. United StatesSupreme Court of the United States · 1903
- Commonwealth, Department of Highways v. SherrodCourt of Appeals of Kentucky (pre-1976) · 1963
- Commonwealth, Department of Highways v. FisterCourt of Appeals of Kentucky (pre-1976) · 1963
- Henderson v. City of LexingtonCourt of Appeals of Kentucky · 1908
- United States Ex Rel. Tennessee Valley Authority v. Indian Creek Marble Co.District Court, E.D. Tennessee · 1941
11 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Flynn v. Commonwealth, Department of HighwaysCourt of Appeals of Kentucky (pre-1976) · 1968
- Commonwealth v. R.J. Corman RailroadKentucky Supreme Court · 2003
- Foster v. SandersCourt of Appeals of Kentucky · 1977
- Commonwealth, Department of Highways v. EberenzCourt of Appeals of Kentucky · 1968
- Paducah Independent School District v. Putnam & Sons, LLCKentucky Supreme Court · 2017
4 more not listed; retrieve them via the Exa API.