Commonwealth, Department of Highways v. Whitledge

STEWART, Judge.

This proceeding was instituted in Henderson County by the Commonwealth of Kentucky, Department of Highways, against Clyde A. Whitledge and Elsie Whitledge, his wife, to obtain land to reconstruct U. S. Highway 41. The land sought to be condemned, which is an unimproved tract, abuts on the west side of the existing highway, approximately one mile south of the City of Henderson.

U. S. Highway 41 runs in a north-south direction through Henderson County. The east line of the landowners’ original tract fronted 318 feet on the right of way of the highway and extended back…