Department of Highways v. Corey

MILLIKEN, Justice.

Shortly after the filing of this appeal, our opinion in Commonwealth v. Kelley, 314 Ky. 581, 236 S.W.2d 695, was rendered and, while not decisive of the case at bar, it nevertheless affords the criteria for the determination of this appeal. The question is whether the State Highway Department, an arm of State sovereignty, is immune from an action' sounding in tort where damage of such a nature has been inflicted upon real estate by the negligent acts of the Department as to amount, in all practical effect, to a taking of property for public use without just compensation…