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COMMONWEALTH, DEPARTMENT OF HIGHWAYS v. GRIFFIN

465 S.W.2d 271 (1971)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. E. B. GRIFFIN and Florence M. Griffin, His Wife, Appellees.

Court of Appeals of Kentucky.

April 2, 1971.

Attorney(s) appearing for the Case

Don Duff, Dept. of Highways, Frankfort, Harvey G. Ershig, Madisonville, Edward Eugene Lanham, Owensboro, for appellant.

William M. Deep, King, Deep, Branaman & Hunt, Henderson, for appellees.

DAVIS, Commissioner.

Incident to construction of the nonaccess toll road known as Pennyrile Parkway, the Department of Highways condemned a tract of 8.56 acres which was part of a farm of 223.53 acres owned by the appellees. In the condemnation proceeding the jury awarded $8,000 to the appellees. The Department has appealed, contending that (1) the verdict is palpably excessive and without sufficient evidentiary support, and (2) noncompensable factors were erroneously...

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