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COMMONWEALTH, DEPARTMENT OF HIGHWAYS v. RHEA

386 S.W.2d 443 (1965)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. Inez B. RHEA, Widow, et al., Appellees.

Court of Appeals of Kentucky.

January 29, 1965.

Attorney(s) appearing for the Case

John B. Breckinridge, Atty. Gen., William A. Lamkin, Jr., Asst. Atty. Gen., Frankfort, Louis J. Amato, Frankfort, Dandridge F. Walton, Department of Highways, Madisonville, for appellant.

William M. Deep, King, Deep & Branaman, Henderson, for appellees.

STEWART, Judge.

In this highway condemnation proceeding the landowners recovered $16,000 from the Commonwealth of Kentucky, Department of Highways, $13,500 for 3.5 acres of land taken and $2500 for damages to the land not taken. (This case was tried before Commonwealth, Department of Highways v. Sherrod, Ky., 367 S.W.2d 844.) The property taken includes all the improvements and is carved out of a 24-acre tract. The Department appeals...

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