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COMMONWEALTH, DEPARTMENT OF HIGHWAYS v. REDMON

403 S.W.2d 279 (1966)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. Tom Frank REDMON et al., Appellees.

Court of Appeals of Kentucky.

May 27, 1966.

Attorney(s) appearing for the Case

Robert Matthews, Atty. Gen., H. C. Smith, Frankfort, Tildon H. McMasters, Elizabethtown, for appellant.

W. R. Gentry, Jr., Bardstown, Richard J. Lowther, Ames, Iowa, for appellees.

CLAY, Commissioner.

In this condemnation case the Commonwealth took 34.5 acres of the landowners' 155-acre farm in Nelson County. The jury's award was $7,150. The Commonwealth claims there was a duplication of damages and the award was excessive.

The basis of the Commonwealth's claim that damages were duplicated by the landowners' witnesses is that they in effect fixed a full value for the land taken and then added to that damages by reason of the fact that...

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