COMMONWEALTH, DEPT. OF HIGHWAYS v. CHAPMAN


391 S.W.2d 367 (1965)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. William T. CHAPMAN et al., Appellees.

Court of Appeals of Kentucky.

Rehearing Denied July 2, 1965.


Attorney(s) appearing for the Case

Robert F. Matthew, Atty. Gen., Wm. A. Lamkin, Jr., Asst. Atty. Gen., Frankfort, James H. Lucas, Charles W. Huddleston, Bowling Green, for appellant.

Clarence Bartlett, Woodward, Bartlett & McCarroll, Owensboro, Carmol D. Cook, Lake & Cook, Hartford, for appellees.


HILL, Judge.

The Department of Highways of this Commonwealth seeks 6.53 acres out of a tract containing between 60 and 72 acres, referred to herein as the Chapman tract, for use in constructing the Western Kentucky Toll Road. The appellees, property owners, were given judgment in the county court for $7200.00, and a verdict and judgment in circuit court for $22,200.00. The Commonwealth appeals.

The surface of the land taken is owned by the heirs of one Dewey...

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