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COMMONWEALTH, DEPARTMENT OF HIGHWAYS v. RILEY

414 S.W.2d 883 (1967)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. Truman RILEY, and Emma Riley, wife, Appellees.

Court of Appeals of Kentucky.

May 5, 1967.

Attorney(s) appearing for the Case

Robert Matthews, Atty. Gen., H. C. Smith, Asst. Atty. Gen., Dept. of Highways, Frankfort, Strother Kiser, Lexington, for appellant.

Dean & Dean, Harrodsburg, Walter Patrick, Lawrenceburg, for appellees.

CULLEN, Commissioner.

On this appeal by the Department of Highways from a judgment in a highway condemnation suit the principal contention is that the award is excessive.

The department condemned 15 acres of the appellees' farm for right of way for an interstate highway and a service road running at an angle across the farm. This would sever the farm leaving 66 acres, with all the improvements, on one side, and 17 acres of hilly pasture land on the other side...

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