Legal Opinion

Commonwealth, Department of Highways v. Smith

Court of Appeals of Kentucky (pre-1976)

Decided June 22, 1962PublishedCited by 18 opinions

1Opinion of the Court

WILLIAMS, Judge.

The appellees, Archer O. Smith and Charlene Smith, owned a 1.71-acre tract of land approximately one mile north of Calvert City. The property was improved with a restaurant building, a metal shed used as a plumbing shop, and a small two-story apartment building. It was the nearest commercial enterprise adjacent to a large industrial area. The appellant, Commonwealth of Kentucky, Department of Highways, under the power of eminent domain, acquired a 120-foot strip running diagonally across the rear of appellees’ property and comprising about .44 acres'. The location of the…

2Cases cited5 opinions

  1. City of Newport Municipal Housing Commission v. Turner Advertising, Inc.Court of Appeals of Kentucky (pre-1976) · 1960
  2. Cranley v. Boyd CountyCourt of Appeals of Kentucky (pre-1976) · 1936
  3. Commonwealth v. GilbertCourt of Appeals of Kentucky (pre-1976) · 1952
  4. Richmond & Lancaster Turnpike Co. v. Madison County Fiscal CourtCourt of Appeals of Kentucky · 1902
  5. Kentucky Water Service Co. v. BirdCourt of Appeals of Kentucky (pre-1976) · 1951

3Cited by18 opinions

  1. Commonwealth, Department of Highways v. SherrodCourt of Appeals of Kentucky (pre-1976) · 1963
  2. Commonwealth, Department of Highways v. FisterCourt of Appeals of Kentucky (pre-1976) · 1963
  3. Commonwealth, Department of Highways v. StockerCourt of Appeals of Kentucky (pre-1976) · 1968
  4. Commonwealth, Department of Highways v. EubankCourt of Appeals of Kentucky (pre-1976) · 1963
  5. God's Center Foundation, Inc. v. Lexington Fayette Urban County GovernmentCourt of Appeals of Kentucky · 2002

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