Commonwealth, Department of Highways v. Thompson

424 S.W.2d 382, 1968 Ky. LEXIS 448
Court of Appeals of Kentucky·Decided February 16, 1968·Published·Cited by 4 cases

Opinion

STEINFELD, Judge.

The Commonwealth condemned 2.23 acres and a temporary easement of the Thompson farm to relocate Kentucky Highway 61 south of Shepherdsville, Kentucky. In county court the appellees were awarded $4,500.00 and both parties appealed. The circuit court jury found that the owners were entitled to $10,020.00. This appeal is from the judgment entered pursuant to that verdict. We reverse.

The Thompsons owned a farm fronting on the west side of Highway 61 and containing approximately 60 acres. The principal improvements were an eight-room house, two barns, two garages, and some smaller buildings. The Commonwealth took an 800 foot unimproved strip dividing the farm so that 7.1 acres (Thompsons say four acres) with all improvements were located east of the new highway and the remaining 51 acres were west of the new highway. The construction of the new road required that it be built upon a fill 20-feet high where it enters on the north, descending on a 2% grade to four feet in height where it leaves on the south.

The tract on the east side does not have access to the new road except by “going out on old Highway 61 and coming around.” However, a small temporary easement was taken while the Commonwealth constructed [383] for the benefit of the owners an entrance from the new road to the west side.

The Commonwealth’s witnesses testified that the highest and best use of the land was for farming, while the witnesses for the landowner said that it was for subdivision purposes. Testimony concerning values was as follows:

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Commonwealth, Department of Highways v. Thompson, 424 S.W.2d 382, 1968 Ky. LEXIS 448 (Ky. Ct. App. 1968).

424 S.W.2d 382 (Commonwealth, Department of Highways v. Thompson) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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442 S.W.2d 290 (Court of Appeals of Kentucky, 1969)
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441 S.W.2d 403 (Court of Appeals of Kentucky, 1968)