COMMONWEALTH, DEPARTMENT OF HIGHWAYS v. BRANHAM


380 S.W.2d 213 (1964)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. Frank A. BRANHAM et al., Appellees.

Court of Appeals of Kentucky.

June 12, 1964.


Attorney(s) appearing for the Case

John B. Breckinridge, Atty. Gen., William A. Lamkin, Jr., Asst. Atty. Gen., Frankfort, Walter Mobley, Dept. of Highways, Flemingsburg, for appellant.

Thomas E. Phipps, John C. Clarke, Ashland, James E. Atkins, City Sol., Catlettsburg, for appellees.


WILLIAMS, Judge.

Because of the construction of a limited access highway, designated as Interstate 64, the Commonwealth of Kentucky found it necessary to condemn a portion of land owned by the appellees, Frank and Ruth Branham. From a judgment of $30,294 in the county court both parties appealed to the Boyd Circuit Court. From a judgment in the amount of $40,000 in the Circuit Court the Commonwealth has appealed.

The appellees owned 125 acres which had been...

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