COMMONWEALTH, DEPARTMENT OF HIGHWAYS v. BALL


420 S.W.2d 683 (1967)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. Daniel D. BALL et al., Appellees.

Court of Appeals of Kentucky.

November 10, 1967.


Attorney(s) appearing for the Case

Robert Matthews, Atty. Gen., H. C. Smith, Asst. Atty. Gen., Frankfort, Edmond H. Tackett, Pikeville, for appellant.

Eldred E. Adams, Daniel D. Ball, Louisa, for appellees.


CLAY, Commissioner.

In this condemnation proceeding the jury awarded appellees $20,000 for the taking of something over three acres from a 30-acre tract located on U.S. 23 about a mile south of Louisa. The Commonwealth contends certain evidence was incompetent and the verdict was excessive.

Appellees' property was hillside land, fronting about one-half mile on the highway, and sloping rather steeply to the top of a ridge. It was used as a pasture at the time...

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