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COMMONWEALTH, DEPARTMENT OF HIGHWAYS v. HESS

420 S.W.2d 660 (1967)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. Genevia HESS, and Bank of Williamsburg, 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, (Dept. of Highways) Frankfort, Ben D. Smith, Smith & Blackburn, Somerset, for appellant.

C. B. Upton, Williamsburg, for appellees.

PALMORE, Judge.

Incident to the construction of Interstate Highway 75 the appellant highway department in this proceeding condemned 3.2 acres of the appellee Genevia Hess' 84-acre farm located on U. S. Highway 25 near Williamsburg, in Whitley County. The department appeals from a judgment entered pursuant to a verdict awarding the landowner $6,000, based on a before-value of $15,500 and an after-value of $9,500.

Grounds on which it is contended the judgment...

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