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COMMONWEALTH, DEPT. OF HIGHWAYS v. PRATHER

369 S.W.2d 118 (1963)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. Arthur PRATHER et al., Appellees.

Court of Appeals of Kentucky.

June 28, 1963.

Attorney(s) appearing for the Case

John B. Breckinridge, Atty. Gen., Wm. A. Lamkin, Jr., Asst. Atty. Gen., Frankfort, C. Dante Kearns, Lyndon, for appellant.

Russell Jones, Fritz Krueger, Somerset, for appellees.

STANLEY, Commissioner.

In widening U. S. Highway No. 27 at a point five or six miles south of Somerset, the Department of Highways condemned a strip 45 to 50 feet wide and about 250 feet long of a parcel of land owned by Arthur Prather and wife, containing 5.62 acres, on which there was a building used as a gasoline service station and restaurant. The area taken is about a quarter of an acre. It was paved and contained gasoline pumps. The result of the taking puts...

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