COMMONWEALTH, DEPARTMENT OF HIGHWAYS v. BURDEN


388 S.W.2d 577 (1965)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. Claude BURDEN et al., Appellees.

Court of Appeals of Kentucky.

March 26, 1965.


Attorney(s) appearing for the Case

Robert Matthews, Atty. Gen., William A. Lamkin, Jr., Asst. Atty. Gen., Frankfort, Dandridge F. Walton, Madisonville, L. A. Faurest, Faurest & Collier, Elizabethtown, for appellant.

Clarence Bartlett, Woodward, Bartlett & McCarroll, Sandidge, Holbrook, Craig & Hager, Owensboro, for appellees.


CLAY, Commissioner.

In this condemnation suit the jury awarded the landowners $12,500 for approximately 15 acres of land taken (which landlocked an additional five acres). The Commonwealth claims excessiveness in the light of the evidence.

This was farmland with improvements on it. Some of the land had been cleared but most was timberland. Certain improvements were taken, consisting of a barn, a crib and a shed.

Though the apparent best use of the...

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