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COMMONWEALTH DEPARTMENT OF HIGHWAYS v. BRENT SEED COMPANY

376 S.W.2d 310 (1964)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. C. S. BRENT SEED COMPANY et al., Appellees.

Court of Appeals of Kentucky.

February 28, 1964.

Attorney(s) appearing for the Case

John B. Breckinridge, Atty. Gen., William A. Lamkin, Jr., Asst. Atty. Gen., H. C. Smith, Lexington (Dept. of Hwys.), for appellant.

John C. Anggelis, Lexington, Marcus C. Redwine, Jr., Winchester, James Park, Jr., Lexington, for appellees.

PALMORE, Judge.

The Commonwealth brought this proceeding in the Fayette County Court to condemn certain easements under KRS 177.081 et seq. Commissioners appointed by the county court fixed the compensation to be paid the landowners at $12,896.33. The owners appealed the resulting award to circuit court on the ground it was inadequate. The Commonwealth did not appeal. A jury in circuit court returned a verdict in the amount of $9,560.00, or $3,336.33 less than the...

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