Bush v. Commonwealth, Department of Highways, Transportation Cabinet

The sole issue addressed in this opinion is the rate of interest which is to be applied to a judgment in an eminent domain action. The panel to which this matter was initially assigned invited this issue to the full Court’s attention because concerns were raised about the validity of the holdings in two prior opinions of this Court. Because this is a significant issue which is likely to reappear in many eminent domain actions and because this is an issue upon which panels of this Court may disagree, the issue has been accepted for full Court consideration.1

This action arose from the…