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COMMONWEALTH, DEPARTMENT OF HIGHWAYS v. HARVEY

396 S.W.2d 311 (1965)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. Linville HARVEY et al., Appellees.

Court of Appeals of Kentucky.

November 19, 1965.

Attorney(s) appearing for the Case

Robert Matthews, Atty. Gen., William A. Lamkin, Jr., Asst. Atty. Gen., Frankfort, Edmond H. Tackett, Pikeville, for appellant.

C. Kilmer Combs, Ashland, Earl R. Cooper, Marcus Mann, Salyersville, for appellees.

CULLEN, Commissioner.

The Commonwealth of Kentucky, Department of Highways, appeals from a judgment awarding the appellee landowners $15,000 as damages for property taken by condemnation for highway purposes.

The property involved was a 73-acre farm in the hills of Magoffin County. The state took 9.41 acres through the middle of the farm for a nonaccess highway, leaving two landlocked parcels. On the land taken were the house, barn, coal house and chicken...

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