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BIG RIVERS ELEC. CORP. v. BARNES

No. 2002-CA-001164-MR.

147 S.W.3d 753 (2004)

BIG RIVERS ELECTRIC CORPORATION, Appellant, v. Lyman P. BARNES and Joyce M. Barnes, Appellees.

Court of Appeals of Kentucky.

Discretionary Review Denied by Supreme Court November 10, 2004.

Attorney(s) appearing for the Case

Frank Stainback, Owensboro, KY, for appellant.

E.F. Martin, Jr., Hartford, KY, for appellees.

Before BARBER, SCHRODER, and TACKETT, Judges.

OPINION

SCHRODER, Judge.

The Big Rivers Electric Corporation (Big Rivers) appeals a jury award of damages for the acquisition of an electric transmission line easement, and for damages awarded for a temporary trespass where the after-built survey disclosed an unauthorized tower and lines strung outside the easement. The jury's award of damages for the taking properly considered the coal reserves. However, the repeated injection of the third-party...

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