COMMONWEALTH, DEPARTMENT OF HIGHWAYS v. SANDERS


396 S.W.2d 781 (1965)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. H. R. SANDERS, and Ann Sanders, Appellees.

Court of Appeals of Kentucky.

December 3, 1965.


Attorney(s) appearing for the Case

Robert Matthews, Atty. Gen., William A. Lamkin, Jr., Asst. Atty. Gen., Frankfort, Charles W. Huddleston, Bowling Green, Robert Lee Hall, Florence, for appellant.

Roy L. Steers, Franklin, for appellees.


HILL, Judge.

This is an appeal from a $5,500 verdict and judgment in a condemnation proceeding to take an irregular lot located on U.S. Highway 31-W four miles south of Franklin, Kentucky, for use in the construction of interstate highway I-65. The lot fronts 206 feet on 31-W, runs back a distance of 160 feet, is 98 feet wide at the back, and contains 1.5 acres.

As grounds for reversal appellant contends that (1) H. R. Sanders did not properly qualify as a...

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