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DEPARTMENT OF HIGHWAYS v. JACKSON

302 S.W.2d 373 (1957)

DEPARTMENT OF HIGHWAYS, Commonwealth of Kentucky, and M. W. Tinder, Commissioner, Department of Highways, Appellants, v. Henry JACKSON et al., Appellees.

Court of Appeals of Kentucky.

Rehearing Denied June 14, 1957.

Attorney(s) appearing for the Case

Jo Ferguson, Atty. Gen., C. J. Waddill, T. W. Johnson, Asst. Attys. Gen., Clyde E. Reed, Smith, Reed & Leary, Frankfort, for appellants.

Burlyn Pike, Shepherdsville, for appellees.

Thomas C. Carroll, Louisville, Thomas F. Marshall, Funk, Chancellor & Marshall, Frankfort, Huff & Friedlander, Louisville, amici curiae.

CULLEN, Commissioner.

This appeal involves the right of a property owner to recover damages for depreciation in the value of his land as a result of the closing of a county road between his land and a nearby town, so as to require him to travel a greater distance to reach the town.

The Kentucky Turnpike, a limited access toll road, runs north and south through Bullitt County, passing about one-half mile to the east of Lebanon Junction. Prior to the construction...

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