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COMMONWEALTH, DEPT. OF HIGHWAYS v. HOLLOMAN

390 S.W.2d 666 (1965)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. S. Harrison HOLLOMAN et al., Appellees.

Court of Appeals of Kentucky.

March 12, 1965.

Attorney(s) appearing for the Case

John B. Breckinridge, Atty. Gen., William A. Lamkin, Jr., Asst. Atty. Gen., Frankfort, L. A. Faurest, Faurest & Collier, Elizabethtown, Dandridge F. Walton, Madisonville, for appellant.

Carroll Morrow, Moore & Morrow, Madisonville, for appellees.

HILL, Judge.

The Department of Highways of Kentucky sought to acquire "surface rights" of appellees, owners and lessees of the oil and gas under about 81.81 acres, for use in constructing Madisonville by-pass on U.S. 41 and the Western Kentucky Parkway.

The petition provided that appellees could take any gas or oil under the land sought so long as they did not interfere with the construction and maintenance of the road, but they could not enter on the road...

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