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COMMONWEALTH, DEPT. OF HIGHWAYS v. MULLINS

510 S.W.2d 9 (1973)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. Scott MULLINS et al., Appellees.

Court of Appeals of Kentucky.

Rehearing Denied June 21, 1974.

Attorney(s) appearing for the Case

James D. Robinson, Gen. Counsel, Dept. of Highways, Frankfort, Phillip K. Wicker, Harris & Wicker, Somerset, for appellant.

Kelsey E. Friend, Friend & Mullins, Pikeville, for appellees.

OSBORNE, Justice.

This is a highway condemnation action originally tried in the Pike Circuit Court. It involves an irregular-shaped parcel of land containing ten acres, situated on either side of U. S. Highway 23, 4½ miles north of the City of Pikeville. Approximately one-half of the land was taken. As far as the land itself is concerned that one-half remaining to the landowners appears to be about equal in value to that taken. The improvements upon the land...

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