Commonwealth, Department of Highways v. Spillman

STEINFELD, Justice.

A condemnation proceeding was instituted by the Commonwealth of Kentucky, De*812partment of Highways, to acquire a right of way for the construction and relocation of already existing U. S. Highway No. 227. The condemnees were the owners of unimproved, commercially used land fronting on that highway 447 feet and having a depth of approximately 100 feet throughout. It was generally flat and level with the road, but at the back began the steep ascent of a hill. The lot contained 1.320 acres or 57,600 square feet. From the front of this lot the Commonwealth took 0.475 acres or…