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COMMONWEALTH, DEPARTMENT OF HIGHWAYS v. BARTLEY

468 S.W.2d 309 (1971)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. J. S. BARTLEY et al., Appellees.

Court of Appeals of Kentucky.

Rehearing Denied July 2, 1971.

Attorney(s) appearing for the Case

Don Duff, Department of Highways, Frankfort, Rhodes Bratcher, Bratcher, Cooper & Flaherty, Owensboro, Harvey G. Ershig, Madisonville, for appellant.

Charles J. Kamuf, Beard, Rummage & Kamuf, Owensboro, for appellees.

STEINFELD, Judge.

For the construction of Audubon Parkway between Owensboro and Henderson the Commonwealth on January 31, 1969, condemned 19.11 acres of the farm of appellees which is located just off Kentucky 54, nine miles west of Owensboro. This severed the land into two tracts, one of 96.46 acres and the other of 2.13 acres. Pursuant to a jury award of $31,400 judgment was entered from which the Commonwealth appeals. It claims that the verdict is excessive and...

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