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COMMONWEALTH DEPARTMENT OF HIGHWAYS v. CASTLE

475 S.W.2d 469 (1971)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. Walter CASTLE and Sarah Castle, His Wife, Appellees.

Court of Appeals of Kentucky.

September 24, 1971.

Attorney(s) appearing for the Case

Don Duff, Dept. of Highways, Frankfort, Edmond H. Tackett, Pikeville, for appellant.

J. K. Wells, Wells & Wells, Paintsville, for appellees.

REED, Judge.

This is a highway condemnation action in which a jury in circuit court awarded $8,000 to the appellees. Appellees' property was a farm consisting of 38.18 acres located nine miles north of Paintsville, Kentucky. The taking in this case consisted of 1.23 acres of hill land and 8.6 acres of bottom land.

The Department of Highways complains that the trial court should have sustained its motion to strike the evaluation evidence. The appellant also...

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