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COMMONWEALTH, DEPARTMENT OF HIGHWAYS v. REEDER

522 S.W.2d 672 (1975)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. Jessie Burchett REEDER, widow, et al., Appellees. Ford BURCHETT, Lessee, Cross-Appellant, v. COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Cross-Appellee.

Court of Appeals of Kentucky.

April 25, 1975.

Attorney(s) appearing for the Case

Jim D. Robinson, Gen. Counsel, Dept. of Highways, Frankfort, Lewis D. Jones, Flemingsburg, Robert L. Woolery II, Ashland, for appellant and cross-appellee.

Thomas D. Theobald, Jr., Grayson, Ora F. Duval, Counts & Duval, Olive Hill, for appellees and cross-appellant.

VANCE, Commissioner.

This is a condemnation case in which the Department of Highways appeals from a judgment in which it claims the damages are excessive and a lessee of mining rights in the property cross-appeals because he was not awarded any compensation for the destruction of his lease.

The Department of Highways took 16.77 acres for right-of-way purposes of a 79.8-acre tract of land owned by the appellees. At the time of taking the property was subject...

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