Commonwealth, Department of Highways v. Kennard

MOREMEN, Judge.

This is a condemnation proceeding by the Commonwealth under the provisions of Chapter 177 of the Kentucky Revised Statutes to acquire an additional right-of-way area in order to widen U. S. Highway 23 between Catlettsburg and Louisa.

On June 11, 1957, appellee Kennard and his wife purchased a tract of approximately nine and a half acres on Highway 23, about half of which was hillside land and half bottom land on the river. On this strip Kennard built a modern seven-room brick home and utilized in its construction some of the material and structural parts from an old house which…