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COMMONWEALTH, DEPARTMENT OF HIGHWAYS v. FRAZIER

404 S.W.2d 459 (1966)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. Alma FRAZIER et al., Appellees.

Court of Appeals of Kentucky.

June 24, 1966.

Attorney(s) appearing for the Case

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

Cordell H. Martin, Hindman, Rudy Yessin, Smith, Reed, Yessin & Davis, Frankfort, for appellees.

WILLIAMS, Judge.

The Commonwealth of Kentucky, Department of Highways, found it necessary to condemn about five and one-half acres of appellees' land for the construction of a portion of a public highway. A Magoffin Circuit Court jury awarded the appellees a verdict of $8,000. From a judgment entered on that verdict this appeal is prosecuted.

The appellees' farm consisted of approximately 175 acres, eight of which were tillable bottom land and the remainder...

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