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COMMONWEALTH, DEPARTMENT OF HIGHWAYS v. SHAW

390 S.W.2d 161 (1965)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. Walter A. SHAW et al., Appellees.

Court of Appeals of Kentucky.

May 7, 1965.

Attorney(s) appearing for the Case

Robert F. Matthews, Atty. Gen., Wm. A. Lamkin, Jr., Asst. Atty. Gen., Frankfort, Dandridge F. Walton, Madisonville, Raleigh O. Jones, Louisville, for appellant.

John L. Dorsey, Jr., Henderson, for appellees.

HILL, Judge.

Commonwealth of Kentucky, Department of Highways, condemned a strip of land 10 by 468 feet along with another adjacent and parallel strip 10 by 454 feet for a temporary easement in order to widen U. S. 41 between Henderson, Kentucky, and Evansville, Indiana. These two strips were taken off the front of appellees' land which was used as a commercial nursery, and which fronted 468 feet on U.S. 41. Affected by the taking were appellees' horseshoe driveway...

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