COMMONWEALTH, DEPARTMENT OF HIGHWAYS v. HESTER


421 S.W.2d 840 (1967)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. J. W. HESTER et al., Appellees.

Court of Appeals of Kentucky.

December 8, 1967.


Attorney(s) appearing for the Case

Robert Matthews, Atty. Gen., H. C. Smith, Asst. Atty. Gen., Dept. of Highways, Frankfort, C. V. Sanders, Shepherdsville, Mark Anderson, Middlesboro, for appellant.

Thomas B. Givhan, Shepherdsville, for appellees.


DAVIS, Commissioner.

In this condemnation suit right-of-way for the relocation of Kentucky Highway 61 south of Shepherdsville is being acquired. The new route supplants a low, one-lane railroad underpass which had been subject to flooding. The jury awarded a total of $24,500 to the appellees for the difference in before and after values and $300 for four temporary easements used during construction. The Department appeals asserting that the verdict is not supported...

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