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USHER AND GARDNER, INC. v. MAYFIELD IND. BD. OF ED.

461 S.W.2d 560 (1970)

USHER AND GARDNER, INC., Appellant, v. MAYFIELD INDEPENDENT BOARD OF EDUCATION, Appellee.

Court of Appeals of Kentucky.

As Modified January 29, 1971.

Attorney(s) appearing for the Case

S. Russell Smith, Smith & Smith, Louisville, Malcolm R. Boaz, Boaz & Boaz, Mayfield, for appellant.

Sam Boyd Neely, Mayfield, for appellee.

REED, Judge.

When a school board needs privately owned land for school purposes and is unable to purchase it from the owner on a basis satisfactory to the board, KRS 162.030 authorizes the acquisition of such land by eminent domain under any of several statutory methods of condemnation proceedings, among which is KRS 416.120. In this case, the condemnor is the Mayfield Independent Board of Education which seeks to acquire by condemnation a 42.3-acre parcel of land...

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