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COMMONWEALTH, DEPARTMENT OF HIGHWAYS v. VILLINES

445 S.W.2d 880 (1969)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. Tracy VILLINES et al., Appellees.

Court of Appeals of Kentucky.

October 17, 1969.

Attorney(s) appearing for the Case

Robert F. Matthews, Atty. Gen., Frankfort, H. C. Smith, Asst. Atty. Gen., Department of Highways, Robert J. Rieckhoff, Department of Highways, Frankfort, George B. Baker, Jr., Rhoads & Baker, Henderson, for appellant.

Jerry W. Nall, Nall & Stephens, Owensboro, William A. Logan, Gordon, Gordon & Logan, Madisonville, for appellees.

DAVIS, Commissioner.

This is a condemnation proceeding in which the Department of Highways is acquiring right of way for the construction of a limited-access toll road known as the Pennyrile Parkway. The jury fixed a before value of $36,500, after value of $18,600, and rendered its verdict for $17,900. The Department appeals from the judgment on that verdict and presents three charges of error: (1) The award is so excessive as to appear

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