COMMONWEALTH DEPARTMENT OF HIGHWAYS v. POLK


389 S.W.2d 928 (1965)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. William F. POLK et al., Appellees.

Court of Appeals of Kentucky.

April 23, 1965.


Attorney(s) appearing for the Case

John B. Breckinridge, Atty. Gen., William F. Lamkin, Asst. Atty. Gen., Frankfort, Thomas L. Withers, Mitchell & Withers, Henderson, Dandridge F. Walton, Madisonville, for appellant.

William M. Deep, Leo King, King, Deep & Branaman, Henderson, William G. Craig, Owensboro, for appellees.


WADDILL, Commissioner.

This condemnation action was instituted during October, 1959 for the acquisition of right of way for the construction of a limited access highway known as Henderson By-Pass. The portion condemned was a seven foot strip fronting 145.11 feet on the existing highway and a temporary easement 10 feet in depth immediately behind the land taken in fee. A circuit court jury awarded $3,500 for the land taken, $9,500 for damages to the remainder and ...

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