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COMMONWEALTH, DEPARTMENT OF HIGHWAYS v. CLAYPOOL

405 S.W.2d 674 (1966)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. Garrett S. CLAYPOOL et al., Appellees.

Court of Appeals of Kentucky.

Rehearing Denied September 16, 1966.

Attorney(s) appearing for the Case

Robert F. Matthews, Atty. Gen., William A. Lamkin, Jr., Asst. Atty. Gen., Deddo G. Lynn, Lexington, for appellant.

Rufus Lisle, Harbison, Kessinger, Lisle & Bush, Lexington, for appellees.

PALMORE, Judge.

The appellees, Garrett S. Claypool and wife, owned a 52.38-acre horse farm fronting on the east side of Russell Cave Road just north of Lexington in Fayette County. On January 14, 1963, the appellant highway department condemned the corporeal title to 11.63 acres of it for the construction of I-64 and I-75, a controlled access thoroughfare, and a .68-acre permanent easement along the front of the property for the widening of Russell Cave Road. The...

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