COMMONWEALTH, DEPT. OF HIGHWAYS v. MERRIMAN


392 S.W.2d 661 (1965)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. John MERRIMAN et ux., Appellees.

Court of Appeals of Kentucky.

June 25, 1965.


Attorney(s) appearing for the Case

Robert F. Matthews, Atty. Gen., William A. Lamkin, Jr., Asst. Atty. Gen., Frankfort, Deddo G. Lynn, Lexington, for appellant.

James F. Clay, Jr., Danville, for appellees.


HILL, Judge (reversing).

The Commonwealth appeals from a $3,025 judgment for a strip of appellees' front yard 6 × 159 feet on which were situated some shrubs and a yard fence. Twenty-five ($25) Dollars of the judgment is for an agreed valuation for temporary easement. The land is sought for improvement of U.S. 150 between Danville and Perryville.

Before the taking, appellees' house, located on the lot, was 25 feet from the old right-of-way. The right...

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