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COMMONWEALTH DEPT. OF HIGHWAYS v. KEITH

438 S.W.2d 780 (1969)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. Harold G. KEITH et al., Appellees.

Court of Appeals of Kentucky.

March 21, 1969.

Attorney(s) appearing for the Case

Robert Matthews, Atty. Gen., H. C. Smith, Frankfort, Kenneth Baker, Jackson, for appellant.

Marcus Mann, Earl R. Cooper, Salyersville, for appellees.

PALMORE, Judge.

The Department of Highways appeals from a judgment awarding Harold and Herschel Keith $8,600 for a strip of land taken from their farm in Magoffin County for the construction of an extension of Mountain Parkway.

The fee simple taking embraced corporeal title to .85 acres and an easement on .03 acres, totaling .88 acres. Two appraisers for the highway department assessed the damage at $885 and $800, respectively. The amount of damage estimated...

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