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KIRK v. COMMONWEALTH, DEPARTMENT OF HIGHWAYS

495 S.W.2d 179 (1973)

Julia D. KIRK, Widow, et al., Appellants, v. COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellee.

Court of Appeals of Kentucky.

May 18, 1973.

Attorney(s) appearing for the Case

Charles J. Kamuf, Owensboro, Truett DeMoisey, Walton, for appellants.

Carl T. Miller, Gen. Counsel, Dept. of Highways, Frankfort, Joseph R. Flaherty, Owensboro, for appellee.

STEINFELD, Justice.

For highway purposes the Commonwealth condemned 4.19 acres from a 38.70 acre tract owned by appellants. The jury found that the before-taking value was $39,000 and the after-taking value was $29,000. From a judgment awarding the owners $10,000, they have appealed claiming only that the trial court erred in allowing, over their objection, testimony that the remaining land was sold for $29,000 fifty days after the taking date.

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