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COMMONWEALTH, DEPARTMENT OF HIGHWAYS v. SHERROD

367 S.W.2d 844 (1963)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. Lewis B. SHERROD et al., Appellees.

Court of Appeals of Kentucky.

March 22, 1963.

Attorney(s) appearing for the Case

John Breckinridge, Atty. Gen., H. D. Reed, Jr., Asst. Atty. Gen., James B. Stewart, Leslie D. Aberson, Dept. of Highways, Frankfort, for appellant.

Denney & Landrum, James M. Todd, Lasserre Bradley, Lexington, for appellees.

CULLEN, Commissioner.

This is an eminent domain case, involving the taking of a strip for highway widening purposes from the front of a tract of land, a portion of which tract was under lease for commercial use. The appeal is by the Commonwealth from a judgment awarding the landowners $31,075 and the lessees $41,215.

The landowners owned a 12-acre tract just outside the city limits of Lexington, having a 450-foot frontage on U. S. Highway No. 68. In approximately...

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