Commonwealth, Department of Transportation, Bureau of Highways v. Knieriem

STEPHENS, Chief Justice.

The issues addressed in this case are (1) whether the right of the Commonwealth to condemn is barred by the constitutional prohibition against taking property for a private use, and if so, (2) whether the trial court’s denial to the condemnee of an award of attorney’s fees is proper. We affirm the Court of Appeals on the first question; we reverse on the second question.

The Commonwealth of Kentucky, Department of Transportation, Bureau of Highways (hereinafter, Highways) condemned a strip of land belonging to the respondents, the Knieriems, in order to widen Interstate…