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COMMONWEALTH, DEPARTMENT OF HIGHWAYS v. WELLS

425 S.W.2d 536 (1968)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. Clarence WELLS et al., Appellees.

Court of Appeals of Kentucky.

March 8, 1968.

Attorney(s) appearing for the Case

Robert Matthews, Atty. Gen., Frankfort, H. C. Smith, Asst. Atty. Gen., Department of Highways, Frankfort, C. E. Skidmore, Department of Highways, Frankfort, for appellant.

Roger A. Byron, Owingsville, for appellees.

STEINFELD, Judge.

To acquire the right of way for the construction of Interstate Highway 64 in Bath County the Commonwealth condemned 7 acres of the 161.3-acre farm owned and operated by Clarence Wells and Grace Wells, his wife. The taking resulted in severing and landlocking 20.82 acres of the remainder. The commissioners in the county court reported that the owners were entitled to $10,655.00. The Commonwealth appealed and a circuit court jury awarded $8,400.00...

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