COMMONWEALTH, DEPARTMENT OF HIGHWAYS v. BENSON


437 S.W.2d 738 (1968)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. Sam BENSON and Betty Benson, his wife; Farmers & Merchants Bank, Mortgagee; and Peoples Bank & Trust Company, Mortgagee, Appellees.

Court of Appeals of Kentucky.

December 13, 1968.


Attorney(s) appearing for the Case

Robert Matthews, Atty. Gen., H. C. Smith, Asst. Atty. Gen., Frankfort, M. T. Quinton, Jr., Madisonville, Thomas L. Withers, Henderson, for appellant.

Jerry W. Nall, Nall & Stephens, Owensboro, for appellees.


EDWARD P. HILL, Judge.

Appellees were awarded judgment, pursuant to a verdict of $6,000 for 3.767 acres condemned for use in the construction of the Pennyrile Parkway, a limited-access highway. Landlocked by the taking is a small tract containing 0.826 of an acre.

Appellees' farm consisted of 37 acres before the taking and is situated east of U.S. 41. No improvements were taken. Appellees' access has not been materially...

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