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COMMONWEALTH v. BOYER

434 S.W.2d 630 (1968)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. Paul BOYER et al., Appellees.

Court of Appeals of Kentucky.

November 29, 1968.

Attorney(s) appearing for the Case

John B. Breckinridge, Atty. Gen., H. C. Smith, Asst. Atty. Gen., Frankfort, George F. Williamson, Clark, Manby & Williamson, LaGrange, Robert A. Becht, Louisville) Don Duff, Acting Gen. Counsel, Dept. of Highways, Frankfort, for appellant.

John M. Berry, Berry & Floyd, New Castle, for appellees.

STEINFELD, Judge.

This is a highway condemnation case in which the Commonwealth appeals a judgment of the Henry Circuit Court. Trial was had after a proceeding in the county court pursuant to KRS 177.081 through 177.089.

The Commonwealth condemned 32.42 acres as right-of-way for I-71 cutting a swath through the 138 acre farm of Paul and Helen Boyer, appellees, located in Henry County. The taking severed 24.44 acres from the main tract. Substantially all improvements...

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