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WEST KENTUCKY COAL COMPANY v. COMMONWEALTH

368 S.W.2d 738 (1963)

WEST KENTUCKY COAL COMPANY et al., Appellant, v. COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellee.

Court of Appeals of Kentucky.

June 7, 1963.

Attorney(s) appearing for the Case

James F. Gordon, Madisonville, Joseph J. Leary, Frankfort, for appellant.

John B. Breckinridge, Atty. Gen., William A. Lamkin, Asst. Atty. Gen., Paul E. Hunley, Frankfort, Frank D. Berry, Madisonville, for appellee.

CULLEN, Commissioner.

The Commonwealth condemned, as right of way for a four-lane nonaccess highway, a strip of land containing 8.50 acres, across one corner of a 614-acre tract owned by West Kentucky Coal Company in Hopkins County. The highway will isolate or landlock a triangular parcel of 10.50 acres. The jury in circuit court awarded $6,700 damages and judgment was entered accordingly. The coal company has appealed...

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