COMMONWEALTH, DEPARTMENT OF HIGHWAYS v. RATCLIFF


421 S.W.2d 77 (1967)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. Robert L. RATCLIFF and Rachel Ratcliff, his wife, Appellees.

Court of Appeals of Kentucky.

November 17, 1967.


Attorney(s) appearing for the Case

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

Thomas B. Givhan, Shepherdsville, for appellee.


EDWARD P. HILL, Judge.

The Commonwealth appeals from a judgment for $22,740 for the taking of a strip of land 33 feet wide from appellees' lot located in Shepherdsville, Kentucky. The land is needed for raising the grade level of Kentucky Highway 44. Before the taking, the lot measured 103 feet fronting on the highway, the back measurement was 107 feet, and the side measurements were 150 feet on one side and 160 feet on the other.

The construction contemplated...

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