COMMONWEALTH, DEPT. OF HIGHWAYS v. ROWLAND


420 S.W.2d 657 (1967)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. Creed Hasten ROWLAND et al., Appellees.

Court of Appeals of Kentucky.

Concurring Opinion November 17, 1967.


Attorney(s) appearing for the Case

Robert F. Matthews, Atty. Gen., H. C. Smith, Frankfort, Eugene H. Clark, Manchester, Ben Smith, Somerset, for appellant.

C. B. Upton, Williamsburg, for appellees.


PALMORE, Judge.

This is a condemnation proceeding in which the state highway department in 1963 acquired for Interstate Highway 75 a 4.36-acre strip of land from a 36-acre tract owned by the appellees Rowland and wife and located near Williamsburg in Whitley County. The department appeals from an award of $15,000 ($30,000 before less $15,000 after the taking).

Prior to the condemnation the Rowland property fronted 175 feet on the west side of U.S. Highway...

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