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COMMONWEALTH, DEPARTMENT OF HIGHWAYS v. RILEY

388 S.W.2d 128 (1965)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. Willie J. RILEY, Executrix of the Will of Bartley J. Riley, et al., Appellees.

Court of Appeals of Kentucky.

March 12, 1965.

Attorney(s) appearing for the Case

John B. Breckinridge, Atty. Gen., William A. Lamkin, Jr., Asst. Atty. Gen., Richard Peek, Paducah, for appellant.

Adrian H. Terrell, Paducah, for appellees.

MILLIKEN, Justice.

This is an appeal by the Department of Highways from a judgment rendered in November, 1962, which awarded the appellees $20,000 for the condemnation of 2.07 acres plus $10,000 resultant damage to the remaining one-tract 5.77 acres of their farm. The Department contends the award is excessive and based largely on noncompensable factors, and on the latter point we agree. The county court had awarded a total...

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