COMMONWEALTH, DEPARTMENT OF HIGHWAYS v. ARNETT


401 S.W.2d 762 (1965)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. Bruner ARNETT et al., Appellees.

Court of Appeals of Kentucky.

As Modified on Denial of Rehearing May 6, 1966.


Attorney(s) appearing for the Case

John B. Breckinridge, Atty. Gen., William A. Lamkin, Jr., Asst. Atty. Gen., Frankfort, Edmond H. Tackett, Dept. of Highways, Pikeville, for appellant.

Earl R. Cooper, Marcus Mann, Salyersville, for appellees.


CLAY, Commissioner.

In this highway condemnation case the jury awarded the landowners $25,000. Appellant's principal contention is that the valuation testimony was incompetent.

Appellees owned a farm of approximately 200 acres which was bisected by Kentucky Highway 134. For the building of the new highway the Commonwealth took 12 acres through the farm, which left 105 acres on one side and 83 on the other. The new...

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