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COMMONWEALTH, DEPARTMENT OF HIGHWAYS v. LAWTON

386 S.W.2d 466 (1965)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. Janie LAWTON 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., C. E. Skidmore, Frankfort, for appellant.

Samuel T. Jarvis, B. R. Paxton, Jarvis, Cornette, Payton & Paxton, Greenville, for appellees.

CLAY, Commissioner.

In this condemnation case the Commonwealth acquired approximately 20 acres of a 120 acre farm for highway purposes. The jury awarded the property owners $37,541. The Commonwealth raises questions of evidence.

It is admitted that the property involved was suitable for subdivision purposes. Over the objection of the Commonwealth the property owners introduced a plat showing part of the farm subdivided into lots, and the property owners substantially...

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