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COMMONWEALTH, DEPT. OF HIGHWAYS v. GEARHART

383 S.W.2d 922 (1964)

COMMONWEALTH of Kentucky, DEPT. OF HIGHWAYS, Appellant, v. Ted GEARHART et al., Appellees.

Court of Appeals of Kentucky.

November 6, 1964.

Attorney(s) appearing for the Case

John B. Breckinridge, Atty. Gen., Wm. A. Lamkin, Jr., Asst. Atty. Gen., Frankfort, Walter Mobley, Flemingsburg, J. G. M. Robinson, Caldwell & Robinson, Ashland, for appellant.

John T. Diederich, H. David Hermansdorfer, Ashland, J. W. Blackburn, Louisville, for appellees.

DAVIS, Commissioner.

The appellant Department of Highways is condemning a portion of appellees' land for highway right of way incident to construction of non-access Interstate Highway 64. The jury awarded verdict to appellees for $65,000; this was itemized as $50,000 for the land taken, plus $15,000 resultant damages to the remaining property. (Trial was had before Com., Dept. of Highways v. Sherrod, Ky., 367 S.W.2d 844.)

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