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COMMONWEALTH DEPARTMENT OF HIGHWAYS v. BATES

408 S.W.2d 424 (1966)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. Luther BATES et al., Appellees.

Court of Appeals of Kentucky.

As Modified on Denial of Rehearing December 16, 1966.

Attorney(s) appearing for the Case

Robert Matthews, Atty. Gen., J. C. Smith (Dept. of Highways), Frankfort, Edmond H. Tackett, Pikeville, for appellant.

Combs & Polly, Whitesburg, for appellees.

PALMORE, Judge.

The state highway department appeals from a judgment awarding appellees, Luther Bates and wife, $30,000 in a condemnation proceeding.

Before the taking the Bates property consisted of two dwelling houses, a concrete block garage building, and other lesser improvements situated on a 1.2-acre plot of ground on Kentucky Highway 15 within the city limits of Whitesburg. The portion acquired by the state consisted of a strip through the center of...

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