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COMMONWEALTH, DEPARTMENT OF HIGHWAYS v. SUTTON

465 S.W.2d 244 (1971)

COMMONWEALTH, DEPARTMENT OF HIGHWAYS, Appellant, v. Edgar SUTTON et al., Appellees.

Court of Appeals of Kentucky.

March 26, 1971.

Attorney(s) appearing for the Case

Don Duff, Gen. Counsel, Paul Hunley, Dept. of Highways, Frankfort, Rhodes Bratcher, Owensboro, for appellant.

William L. Sullivan, Dorsey & Sullivan, Henderson, for appellees.

DAVIS, Commissioner.

In a condemnation proceeding a jury awarded appellee $23,000 based on a finding of before value of $33,000 and after value of $10,000. The condemnor has appealed, asserting that the verdict is palpably excessive and not supported by evidence of probative value.

The right of way was needed for construction of the Pennyrile Parkway, a limited-access toll road. Appellee's farm, before the taking, contained 95.71 acres. By reason of the taking...

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