Commonwealth, Department of Highways v. Larence

PALMORE, Judge.

This is the second appeal of a condemnation case in which the state highway department took a small sliver of the landowners’ property incident to raising the level of Kentucky Highway No. 44 in the east portion of the City of Shepherdsville near the 1-65 interchange. For the facts, see Commonwealth, Dept. of Highways v. Larence, Ky., 426 S.W.2d 776 (1968).

In the first trial the jury awarded $15,-100 and the judgment was reversed by reason of error in admitting incompetent evidence respecting measures and expenditures that would be required in order to restore the landowners’…