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COMMONWEALTH DEPARTMENT OF HIGHWAYS v. LOVETT

427 S.W.2d 576 (1968)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. Joe H. LOVETT and Virginia Lovett, wife, and Bank of Williamsburg, Mortgagee, Appellees.

Court of Appeals of Kentucky.

May 3, 1968.

Attorney(s) appearing for the Case

Robert Matthews, Atty. Gen., H. C. Smith, Asst. Atty. Gen., Department of Highways, Frankfort, Ben D. Smith, Smith & Blackburn, Somerset, for appellant.

Joe S. Feather, G. G. Teague, Jr., T. E. Mahan, Williamsburg, for appellees.

OSBORNE, Judge.

This is a highway condemnation case. In constructing I-75, it was necessary to take a small part of appellees' land and to close the road which formerly provided access. To provide access to appellees' property and several other pieces of land, a new gravel access road was constructed. Another small portion of appellees' land was taken for this purpose.

Prior to the taking appellees' property was...

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