COMMONWEALTH, DEPARTMENT OF HIGHWAYS v. BUTLER


438 S.W.2d 797 (1969)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. Morris BUTLER et al., Appellees.

Court of Appeals of Kentucky.

March 21, 1969.


Attorney(s) appearing for the Case

Robert Matthews, Atty. Gen., Frankfort, H. C. Smith, Robert J. Rieckhoff, Asst. Attys. Gen., Frankfort, Dale Mitchell, Elizabethtown, for appellant.

Morris Butler, Robert L. Dowell, Greensburg, Robert M. Spragens, Lebanon, for appellees.


OSBORNE, Judge.

This is a condemnation case. The highway department undertook to straighten Ky. 61 in Green County. Old Ky. 61 bisected appellees' farm while making a rather sharp turn and then crossed a river at the edge of appellees' property. The new road will run straight through appellees' property and cross the river on a new bridge. As a result, appellees' 174-acre farm, which was previously divided into two sections, one of 32 acres and one of

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