Commonwealth, Department of Highways v. Allie

MILLIKEN, Judge.

This appeal involves another highway condemnation proceeding for the construction of Interstate 64 in Boyd County. The Department of Highways concedes that there is sufficient evidence to sustain the award for the land actually taken — $2,348 for 19.79 acres — but contends that the $5,-852 allowance for damage to the remainder is excessive. It is, because it exceeds the highest valuation by any of the witnesses. The amount of the verdict must be within the range of the proof. See Pierson v. Commonwealth, Department of Highways (1961), Ky., 350 S.W.2d 487; Commonwealth,…