Jones v. Commonwealth, Transportation Cabinet, Department of Highways

JOHNSON, Judge.

This is a special appeal wherein appellants, Zondola Jones, Bennie Frank Jones, and LeAnne Jones filed a complaint in Pike Circuit Court alleging that the Commonwealth of Kentucky, Transportation Cabinet, Department of Highways, has taken their land for public use without just compensation. The circuit court granted the Commonwealth’s motion for summary judgment, and dismissed the complaint as barred by the statute of limitations. We reverse.

Ordinarily, the law of eminent domain requires that prior to such a “taking” occurring that land be condemned. Appellants, however,…