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COMMONWEALTH v. FARRA

338 S.W.2d 696 (1960)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. Otie FARRA et al., Appellees.

Court of Appeals of Kentucky.

September 23, 1960.

Attorney(s) appearing for the Case

Jo M. Ferguson, Atty. Gen., Astor Hogg, Chief Asst. Atty. Gen., J. Sidney Caudel, Dept. of Highways, Frankfort, for appellant.

Sam Ward, Don Ward, Hazard, for appellees.

STANLEY, Commissioner.

In reconstructing a highway in Perry County, required by the construction of the Buckhorn Dam in the Kentucky River, it became necessary for the Department of Highways to condemn a right of way and temporary easements on the property of Otie Farra and Malta Farra. The proceeding was under KRS 177.081-177.089. Commissioners of the county court reported the value of the land to be taken as $171.90 and "incidental damages, less benefits" as $400...

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