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COMMONWEALTH, DEPARTMENT OF HIGHWAYS v. WILLIAMS

487 S.W.2d 290 (1972)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. James A. WILLIAMS et al., Appellees.

Court of Appeals of Kentucky.

Rehearing Denied December 15, 1972.

Attorney(s) appearing for the Case

Don Duff, Dept. of Highways, Frankfort, Francis T. Goheen, Goheen, Schultz & Yaffe, James D. Robertson, Dept. of Highways, Paducah, for appellant.

Richard C. Roberts, Waller, Threlkeld & Whitlow, Paducah, for appellees.

NEIKIRK, Justice.

This is a condemnation proceeding by the Commonwealth of Kentucky, Department of Highways, involving the taking of 0.37 of an acre of land for right-of-way purposes in order to construct Interstate Highway 24. The 0.37 of an acre of land taken was from a 63-acre tract of land belonging to James Williams and William Williams and located in Lyon County on the Eddy Creek embayment of Barkley Lake. The only controversy between the Commonwealth and the...

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