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COMMONWEALTH EX REL. DEPT. OF FISH, ETC. v. DAY

499 S.W.2d 587 (1973)

COMMONWEALTH of Kentucky, DEPARTMENT OF FINANCE, ex rel. DEPARTMENT OF FISH & WILDLIFE RESOURCES, Appellant, v. Mabel DAY, Appellee.

Court of Appeals of Kentucky.

As Modified on Denial of Rehearing September 28, 1973.

Attorney(s) appearing for the Case

G. E. Reams, Harlan, for appellant.

James S. Greene, Jr., Greene & Forester, Harlan, for appellee.

CULLEN, Commissioner.

The Commonwealth of Kentucky, Department of Finance, ex rel. Department of Fish and Wildlife Resources, appeals from a judgment awarding $35,520 to Mable Day as damages in the condemnation by the appellant of a flowage easement over lands of the appellee bordering on Cranks Creek Lake.

In 1964 the Department of Fish and Wildlife Resources created Cranks Creek Lake by erecting a dam across Cranks Creek and impounding its waters. The lake...

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