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COMMONWEALTH, DEPARTMENT OF HIGHWAYS v. WEST

432 S.W.2d 430 (1968)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. Janie Wall WEST and Samuel West, Her Husband, Appellees.

Court of Appeals of Kentucky.

As Modified on Denial of Rehearing October 18, 1968.

Attorney(s) appearing for the Case

Robert Matthews, Atty. Gen., H. C. Smith, Asst. Atty. Gen., Frankfort, Richard Weisenberger, Paducah, for appellant.

J. A. Gregory, Jr., Hughes & Gregory, Murray, for appellees.

STEINFELD, Judge.

The Commonwealth condemned a part of the land belonging to appellees, Janie and Samuel West, for the purpose of acquiring the right of way for the rerouting of U. S. 461 between Benton and Murray, Kentucky. The jury awarded the appellees $17,000.00 for the taking of a strip 45 by 210 feet. From the judgment entered for that amount the Commonwealth appeals. We reverse.

Appellees were the owners of a 210 foot square unimproved vacant parcel...

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