Legal Opinion

Commonwealth, Department of Highways v. McFarland

Court of Appeals of Kentucky

Decided September 20, 1968PublishedCited by 2 opinions

1Opinion of the Court

CLAY, Commissioner.

In this condemnation case the landowners were awarded $15,000 for the taking of approximately one-half acre along the frontage of a 110-acre farm near Glasgow. The sole ground for reversal is that the award is palpably excessive and not supported by evidence of sufficient probative value.

Appellees’ property has been used as a farm, but admittedly has a potential for residential and commercial use. The principal taking was a strip 1300 feet long and approximately 20 feet wide. (An additional 800 square feet were taken for a drainage easement.)

No one would contend that the…

Also in this document: Dissent.

2Cases cited3 opinions

  1. Sloan v. Commonwealth, Department of HighwaysCourt of Appeals of Kentucky (pre-1976) · 1966
  2. Commonwealth, Department of Highways v. LawtonCourt of Appeals of Kentucky (pre-1976) · 1965
  3. Commonwealth, Department of Highways v. SmithCourt of Appeals of Kentucky (pre-1976) · 1967

3Cited by2 opinions

  1. Commonwealth, Department of Highways v. ButlerCourt of Appeals of Kentucky · 1969
  2. Commonwealth, Department of Highways v. ColemanCourt of Appeals of Kentucky · 1970

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