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COMMONWEALTH, DEPARTMENT OF HIGHWAYS v. SPILLMAN

489 S.W.2d 811 (1973)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. Fred J. SPILLMAN et al., Appellees.

Court of Appeals of Kentucky.

January 19, 1973.

Attorney(s) appearing for the Case

Don Duff, Gen. Counsel, Paul Hunley, Dept. of Highways, Frankfort, Thomas F. Manby, Jr., LaGrange, John J. Blackburn, Covington, for appellant.

John M. Berry, Jr., Berry & Floyd, Carrollton, for appellees.

STEINFELD, Justice.

A condemnation proceeding was instituted by the Commonwealth of Kentucky, Department of Highways, to acquire a right of way for the construction and relocation of already existing U. S. Highway No. 227. The condemnees were the owners of unimproved, commercially used land fronting on that highway 447 feet and having a depth of approximately 100 feet throughout. It was generally flat and level with the...

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