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COMMONWEALTH, DEPT. OF HIGHWAYS v. CAUDILL

523 S.W.2d 880 (1975)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. Mildred CAUDILL and Brooklyn Caudill, husband, Appellees.

Court of Appeals of Kentucky.

May 23, 1975.

Attorney(s) appearing for the Case

Jim D. Robinson, Gen. Counsel, Asst. Atty. Gen., Dept. of Highways, Frankfort, Roger R. Cantrell, Ashland, for appellant.

Earl R. Cooper, Salyersville, S. H. Johnson, Paintsville, for appellees.

STERNBERG, Justice.

The appellees, Mildred Caudill and Brooklyn Caudill, were awarded $15,000 by a jury as compensation for the condemnation by the Department of Highways of 10.37 acres of land in fee simple and a 0.28 permanent easement. The property was condemned in conjunction with the reconstruction of U.S. Highway 460 between Salyersville and Paintsville, in Magoffin County. The condemned property was a portion of a larger tract owned by the appellees, and was...

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