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COMMONWEALTH, DEPT. OF HIGHWAYS v. BELK

389 S.W.2d 920 (1965)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. Sannie BELK et al., Appellees.

Court of Appeals of Kentucky.

March 26, 1965.

Attorney(s) appearing for the Case

John B. Breckinridge, Atty. Gen., William A. Lamkin, Jr., Asst. Atty. Gen., Frankfort, James H. Lucas, Department of Highways, Bowling Green, for appellant.

Aaron F. Overfelt, Bowling Green, for appellees.

WADDILL, Commissioner.

In this condemnation action instituted pursuant to the provisions of KRS 177.081 et seq. the jury awarded the appellee landowner $62,000 for the land and buildings taken and $1500 as damages to the remainder. In seeking reversal of the judgment the Commonwealth urges that the court erred: In permitting the jury to base its award upon appraisal testimony having insufficient probative value; in ruling upon admissibility of certain evidence and...

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