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COMMONWEALTH, DEPARTMENT OF HIGHWAYS v. SPILLMAN

489 S.W.2d 814 (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, Dept. of Highways, Frankfort, John J. Blackburn, Covington, Thomas F. Manby, Jr., LaGrange, for appellant.

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

STEINFELD, Justice.

For the purpose of acquiring a right of way for the construction and relocation of already existing U.S. Highway No. 227, the Commonwealth condemned in fee some land owned by appellees and a temporary easement over another tract. The total award in the county court was $7,000, from which all parties appealed. The trial in the circuit court resulted in a jury-considered verdict awarding the owners $6,400 for damages for the land taken in fee and...

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