Legal Opinion

Commonwealth, Department of Highways v. Prather

Court of Appeals of Kentucky

Decided June 28, 1963PublishedCited by 5 opinions

1Opinion of the Court

STANLEY, Commissioner.

In widening U. S. Highway No. 27 at a point five or six miles south of Somerset, the Department of Highways condemned a strip 45 to 50 feet wide and about 250 feet long of a parcel of land owned by Arthur Prather and wife, containing 5.62 acres, on which there was a building used as a gasoline service station and restaurant. The area taken is about a quarter of an acre. It was paved and contained gasoline pumps. The result of the taking puts the highway nine to fourteen feet from the building. The time of the taking was May 23, 1958.

The appeal is from a judgment of…

2Cases cited7 opinions

  1. Commonwealth, Department of Highways v. TyreeCourt of Appeals of Kentucky (pre-1976) · 1963
  2. Bullitt v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1957
  3. Commonwealth of Ky., Dept. of Highways v. WilkinsCourt of Appeals of Kentucky (pre-1976) · 1959
  4. Commonwealth v. MoyersCourt of Appeals of Kentucky · 1955
  5. Commonwealth, Department of Highways v. Elizabethtown Amusements Inc.Court of Appeals of Kentucky (pre-1976) · 1963

2 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Reams v. StutlerKentucky Supreme Court · 1982
  2. Commonwealth, Department of Highways v. VaughnCourt of Appeals of Kentucky · 1965
  3. Kenton County Water District No. 1 v. RogersCourt of Appeals of Kentucky · 1968
  4. Burchett v. Commonwealth, Department of HighwaysCourt of Appeals of Kentucky · 1965
  5. Commonwealth, Department of Highways v. TerryCourt of Appeals of Kentucky · 1965

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