COMMONWEALTH, DEPARTMENT OF HIGHWAYS v. ALLEN


404 S.W.2d 23 (1966)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. Willie ALLEN et al., Appellees.

Court of Appeals of Kentucky.

June 10, 1966.


Attorney(s) appearing for the Case

Robert Matthews, Atty. Gen., H. C. Smith, Dept. of Highways, Frankfort, L. D. May, May & May, Pikeville, Foster J. Collis, Jackson, for appellant.

Earl R. Cooper, Marcus Mann, Salyersville, C. Kilmer Combs, Ashland, for appellees.


WILLIAMS, Judge.

For the purpose of constructing a portion of the Mountain Parkway, the Commonwealth condemned 5.27 acres of appellees' land in Magoffin County. On the land taken was appellee Allen's residence, a garage with a cellar and utility room attached, a large barn and a chicken house. In fact, all the improvements were taken. Appellee was left with 33.73 acres, mostly hill land, and divided by the highway. A Magoffin...

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