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COMMONWEALTH v. FIRELINE

486 S.W.2d 698 (1972)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. Edward FIRELINE et al., Appellees.

Court of Appeals of Kentucky.

October 20, 1972.

Attorney(s) appearing for the Case

Don Duff, Gen. Counsel, Department of Highways, Frankfort, Jerry W. Nall, Nall & Stephens, Owensboro, Perry M. Lewis, Madisonville, for appellant.

Kenneth N. Ragland, Calhoun, Richard S. Taylor, Owensboro, for appellees.

NEIKIRK, Justice.

In a condemnation proceeding, the Commonwealth of Kentucky, Department of Highways, obtained a judgment in the McLean County Court whereby the Commonwealth acquired title to 5.26 acres of land for a permanent right of way and .041 acres for a permanent easement, and the landowners were awarded $7,500. On July 11, 1967, the Commonwealth appealed the judgment to the McLean Circuit Court. The landowners did not appeal. The appeal by the Commonwealth...

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