Legal Opinion
Commonwealth, Department of Highways v. Stamper
Court of Appeals of Kentucky
Decided December 15, 1967PublishedCited by 8 opinions
1Opinion of the Court
DAVIS, Commissioner.
The dispositive question in this appeal taken by the Department of Highways in a condemnation proceeding is procedural. On December 28, 1965, the Department instituted condemnation proceedings in the Carter County Court seeking right-of-way over land owned by the appellees. The land was subject to a lease for excavating limestone, and the lessee was made a party in the county court.
The condemnees challenged the Department’s right to proceed on the basis that there had not been good faith efforts looking toward negotiation with the owners prior to the institution of the…
2Cases cited9 opinions
- Farris v. MatthewsCourt of Appeals of Kentucky · 1912
- Commonwealth v. ClarkeCourt of Appeals of Kentucky (pre-1976) · 1960
- Commonwealth, Department of Highways v. DalyCourt of Appeals of Kentucky · 1964
- Jones v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1931
- Muncy v. GibsonCourt of Appeals of Kentucky · 1916
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Duncan v. O'NANCourt of Appeals of Kentucky (pre-1976) · 1970
- Johnson v. CommonwealthKentucky Supreme Court · 2000
- Johnson v. Assured Employment, Inc.Oregon Supreme Court · 1977
- M. S. S. Enterprises, Inc. v. Louisville Gas & Electric Co.Court of Appeals of Kentucky · 1969
- Blanton v. CastleCourt of Appeals of Kentucky · 1970
3 more not listed; retrieve them via the Exa API.