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COMMONWEALTH, DEPT. OF HIGHWAYS v. STALLINGS

465 S.W.2d 723 (1971)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. Cecil STALLINGS et al., Appellees.

Court of Appeals of Kentucky.

March 26, 1971.

Attorney(s) appearing for the Case

Don Duff, Gen. Counsel, Louis Kawaja, Dept. of Highways, Frankfort, for appellant.

W. Earl Dean, Dean, Dean & Dean, Harrodsburg, Walter Patrick, Lawrenceburg, for appellees.

EDWARD P. HILL, Jr., Judge.

By this proceeding the appellant is condemning 16.50 acres from appellees' farm plus 1.17 acres for a permanent easement to be used for the reconstruction and relocation of Kentucky Highway 53 in Washington County, Kentucky, between Spring-field and the Blue Grass Parkway. Before the taking, the appellees' farm consisted of 135.5 acres.

The right of way being condemned bisects the farm leaving 55.77 acres on the east side of the...

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