Commonwealth, Department of Highways v. Snyder

CLAY, Commissioner.

This is a condemnation proceeding brought by the Commonwealth under the provisions of KRS 177.081 to 177.089. The appellee landowner was awarded $6,300 damages for the taking of two parcels of land after a jury trial in the circuit court. The Commonwealth asks reversal on the grounds: (1) the trial court improperly awarded the burden of proof to the landowner, and (2) the damages are excessive.

For many years it has been the established rule in Kentucky that when both parties appeal to the circuit court in a condemnation proceeding, as was the case here, the burden of proof…