COMMONWEALTH, DEPARTMENT OF HIGHWAYS v. GEORGE


387 S.W.2d 580 (1965)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. Douglas GEORGE et al., Appellees.

Court of Appeals of Kentucky.

As Modified March 26, 1965.


Attorney(s) appearing for the Case

Robert F. Matthews, Atty. Gen., Frankfort, William A. Lamkin, Jr., Asst. Atty. Gen., H. C. Smith, Department of Highways, Frankfort, Walter Mobley, Department of Highways, Flemingsburg, for appellant.

P.H. Vincent, A. W. Mann, Thomas E. Phipps, John C. Clarke, Ashland, for appellees.


MONTGOMERY, Judge.

This is a condemnation action by the Commonwealth to secure right of way for the construction of Interstate Highway 64. The Commonwealth appeals from a judgment awarding $51,000 to the landowners. It is necessary to consider only the first ground urged by the Commonwealth on appeal, which is that the verdict is excessive.

The land taken is from the 135-acre farm of appellees Douglas George and his wife located 2.2 miles from Cannonsburg...

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