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COMMONWEALTH, DEPARTMENT OF HIGHWAYS v. ALLEN

409 S.W.2d 291 (1966)

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

Court of Appeals of Kentucky.

December 9, 1966.

Attorney(s) appearing for the Case

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, for appellees.

WADDILL, Commissioner.

The landowner was awarded $15,000 for the taking of 5¼ acres of farm land (improved only by two wooden sheds and a hen house) for right of way purposes in the construction of a portion of an extension to the Eastern Kentucky Turnpike located between Salyersville and Prestonsburg. The Commonwealth has appealed contending that the award is excessive and is not supported by any evidence of probative value.

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