Commonwealth, Department of Highways v. Hess

420 S.W.2d 660 (1967)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant,

v.

Genevia HESS, and Bank of Williamsburg, Appellees.

Court of Appeals of Kentucky.

October 27, 1967.

Concurring Opinion November 17, 1967.

Robert F. Matthews, Atty. Gen., H. C. Smith, (Dept. of Highways) Frankfort, Ben D. Smith, Smith & Blackburn, Somerset, for appellant.

C. B. Upton, Williamsburg, for appellees.

PALMORE, Judge.

Incident to the construction of Interstate Highway 75 the appellant highway department in this proceeding condemned 3.2 acres of the appellee Genevia Hess' 84-acre farm located on U. S. Highway…