Commonwealth, Department of Finance, ex rel. Department of Fish & Wildlife Resources v. Browning

CULLEN, Commissioner.

This appeal involves the same project (acquisition of flowage easements for Cranks Creek Lake) that was involved in Commonwealth, Department of Finance, ex rel Department of Fish & Wildlife Resources v. Day, Ky., 499 S.W.2d 587 (this day decided). Reference is made to the opinion in that case for a description of the project.

In the instant case the condemning department is appealing from a judgment awarding $40,450 to the Browning family as damages in the condemnation of a flow-age easement covering 28.65 acres of the Brownings’ 150-acre tract of land.

A number of the…