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COMMONWEALTH, DEPT. OF HIGHWAYS v. ALEXANDER

388 S.W.2d 599 (1965)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. V. E. ALEXANDER et al., Appellees. COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. E. D. GIBSON et al., Appellees.

Court of Appeals of Kentucky.

March 26, 1965.

Attorney(s) appearing for the Case

John B. Breckinridge, Atty. Gen., Wm. A. Lamkin, Jr., Asst. Atty. Gen., Frankfort, James H. Lucas, Dept. of Highways, Bowling Green, for appellant.

Marshall Funk, Bowling Green, for appellees V. E. Alexander et al.

Henry J. Potter, Jr., Bowling Green, G. D. Milliken, Jr., Bowling Green, for Warren County, Ky.

CULLEN, Commissioner.

Believing that Warren County, in then pending condemnation proceedings, would acquire the necessary rights of way, the State Department of Highways entered upon the work of reconstructing Smallhouse Road in Warren County. This involved widening the road and raising its grade. The widening necessitated the taking of small portions of the properties of the Alexanders and the Gibsons, and the graderaising caused some damage to their remaining lands...

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