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COMMONWEALTH, DEPARTMENT OF HIGHWAYS v. ALLEN

403 S.W.2d 277 (1966)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. S. B. ALLEN, Jr., et al., Appellees.

Court of Appeals of Kentucky.

May 27, 1966.

Attorney(s) appearing for the Case

John B. Breckinridge, Atty. Gen., Wm. A. Lamkin, Jr., Asst. Atty. Gen., John P. Kirkham, Frankfort, Reed D. Anderson, Dept. of Highways, Jackson, for appellant.

O. J. Cockrell, Jackson, Nickell & Walter, Ralph N. Walter, West Liberty, Rose & Short, E. B. Rose, Beattyville, for appellees.

WILLIAMS, Judge.

To acquire right of way for construction of the Mountain Parkway, the appellant Commonwealth of Kentucky, Department of Highways, condemned a strip of land comprising 18.45 acres through the appellees' 131-acre farm. A jury in the Wolfe Circuit Court awarded $8,000 for the land taken and $8,000 for damage to the remainder. (The case was tried prior to Commonwealth Dept. of Highways v. Sherrod, Ky., 367 S.W.2d 844

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