COMMONWEALTH, DEPARTMENT OF HIGHWAYS v. STAMPER


424 S.W.2d 821 (1967)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. Lloyd STAMPER et al., Appellees.

Court of Appeals of Kentucky.

Rehearing Denied March 29, 1968.


Attorney(s) appearing for the Case

Robert Matthews, Atty. Gen., H. C. Smith, Asst. Atty. Gen., Robert Rieckhoff, Dept. of Highways, Frankfort, Lewis D. Jones, Dept. of Highways, Flemingsburg, for appellant.

Ora F. Duval, Counts & Duval, Olive Hill, for appellees.


DAVIS, Commissioner.

The dispositive question in this appeal taken by the Department of Highways in a condemnation proceeding is procedural. On December 28, 1965, the Department instituted condemnation proceedings in the Carter County Court seeking right-of-way over land owned by the appellees. The land was subject to a lease for excavating limestone, and the lessee was made a party in the county court.

The condemnees challenged the Department's right to proceed...

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