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COMMONWEALTH, DEPT. OF HIGHWAYS v. GOEHRING

408 S.W.2d 636 (1966)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. Charles A. GOEHRING, Ancillary Administrator of the Estate of Joseph M. Hartfield, Deceased, Appellee.

Court of Appeals of Kentucky.

November 18, 1966.

Attorney(s) appearing for the Case

Robert Matthews, Atty. Gen., William A. Lamkin, Jr., Asst. Atty. Gen., Frankfort, Reed D. Anderson, Department of Highways, Madisonville, Thomas L. Withers, Henderson, for appellant.

William M. Deep, King, Deep, Branaman & Hunt, Henderson, for appellee.

WADDILL, Commissioner.

Joseph M. Hartfield owned 287 acres adjacent to and south of the Ohio River and west of U.S. Highway #41. For the purpose of building non-access approaches to a new bridge, the Commonwealth condemned a trapezoid-shaped strip of land alongside U.S. #41, containing 21.14 acres. In addition the Commonwealth acquired a temporary easement on 2.75 acres.

The landowner was awarded $4,528 in the Henderson County Court. Both parties appealed...

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