COMMONWEALTH v. McFARLAND


435 S.W.2d 770 (1968)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. Stanley McFARLAND et al., Appellees.

Court of Appeals of Kentucky.

As Modified on Denial of Rehearing January 24, 1969.


Attorney(s) appearing for the Case

Robert Matthews, Atty. Gen., H. C. Smith, Asst. Atty. Gen., Frankfort, Charles W. Huddleston, Bowling Green, for appellant.

Marion Vance, Glasgow, for appellees.


CLAY, Commissioner.

In this condemnation case the landowners were awarded $15,000 for the taking of approximately one-half acre along the frontage of a 110-acre farm near Glasgow. The sole ground for reversal is that the award is palpably excessive and not supported by evidence of sufficient probative value.

Appellees' property has been used as a farm, but admittedly has a potential for residential and commercial use. The principal taking was a strip 1300...

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