COMMONWEALTH, DEPARTMENT OF HIGHWAYS v. BENNETT


386 S.W.2d 733 (1965)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. Barney BENNETT, single, and First Federal Savings & Loan Association of Elizabethtown, Kentucky, Mortgagee, Appellees.

Court of Appeals of Kentucky.

February 5, 1965.


Attorney(s) appearing for the Case

Robert Matthews, Atty. Gen., Wm. A. Lamkin, Jr., Asst. Atty. Gen., Frankfort, Harold K. Huddleston, Elizabethtown, for appellant.


HILL, Judge.

This is another highway right-of-way condemnation case under KRS 177.081 et seq. to acquire a little over three acres of the appellees' property for use in improving U.S. Highway 31-W.

A two-story brick home, one of nine wooden frame tourist cabins and other out-buildings were actually taken. Other buildings were rendered less valuable and perhaps valueless by the taking. The jury awarded $47,000.00...

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