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COMMONWEALTH, DEPARTMENT OF HIGHWAYS v. HORNE

418 S.W.2d 223 (1967)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. Ralph H. HORNE and M. Edith Horne, Wife, Stevens Lumber Company, Inc., Appellees.

Court of Appeals of Kentucky.

Rehearing Denied September 29, 1967.

Attorney(s) appearing for the Case

Robert Matthews, Atty. Gen., H. C. Smith, Dept. of Highways, Frankfort, James E. Adkins, Catlettsburg, Lewis D. Jones, Flemingsburg, for appellant.

C. B. Creech, Ashland, for appellees.

OSBORNE, Judge.

In this action, the Commonwealth of Kentucky, Department of Highways, seeks to condemn approximately 2¾ acres of land upon which are located two frame dwelling houses; one 36' x 24', the other 28' x 14' and a small shack or workshop constructed out of used corrugated tin, 24' x 16'. The property is subject to pondage easement to the federal government, under which approximately ½ of it is flooded on the average of twice a year. The property...

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