Commonwealth, Department of Highways v. Smith

MILLIKEN, Judge.

The Department of Highways has appealed from a judgment remanding a claim to the Board of Claims for reconsideration. The Board of Claims dismissed the claim upon the premise that the case was controlled by the doctrine of permanent structures and was brought after the applicable one year statute of limitations had expired. KRS 44.110.

In 1954 the claimant had deeded a right of way for the construction of the road across the back of her lot in consideration of the payment of $400 and later had signed a release of all claims after the construction of the road and the grading of…