Commonwealth, Department of Highways v. Raybourn

WADDILL, Commissioner.

In a proceeding by the Commonwealth to obtain right of way for the construction of a new highway #60 east of the city of Olive Hill, the landowners, Wade Raybourn and his wife, were awarded $1,500 in the county court for their .93 acre of land taken. They appealed to the circuit court where, upon a jury trial, they were awarded $5,000 for the land and $32,500 for damages to the remainder. From a judgment entered pursuant to this award, the Commonwealth has appealed.

During 1951 the Raybourns erected a motel east of Olive Hill on a .38 acre tract of land they held under…