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COMMONWEALTH, DEPARTMENT OF HIGHWAYS v. MOORE

435 S.W.2d 81 (1968)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. Kenneth MOORE et al., Appellees.

Court of Appeals of Kentucky.

December 13, 1968.

Attorney(s) appearing for the Case

Robert F. Matthews, Atty. Gen., H. C. Smith, Asst. Atty. Gen., Frankfort, George F. Williamson, Clark, Manby & Williamson, LaGrange, Robert A. Becht, Louisville, for appellant.

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

OSBORNE, Judge.

The Department of Highways is appealing from the judgment of the Henry Circuit Court in this condemnation case. The property involved is a 25-cow Grade-B dairy farm with a tobacco base as well. The taking was for a non-access road and involved around 11 acres. However an underpass was built for a small gravel road running next to the land involved, so there still is ready access from one portion of the farm...

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