Legal Opinion

West Kentucky Coal Co. v. Commonwealth, Department of Highways

Court of Appeals of Kentucky (pre-1976)

Decided June 7, 1963PublishedCited by 26 opinions

1Opinion of the Court

CULLEN, Commissioner.

The Commonwealth condemned, as right of way for a four-lane nonaccess highway, a strip of land containing 8.50 acres, across one corner of a 614-acre tract owned by West Kentucky Coal Company in Hopkins County. The highway will isolate or land-lock a triangular parcel of 10.50 acres. The jury in circuit court awarded $6,700 damages and judgment was entered accordingly. The coal company has appealed from the judgment.

Under a little more than 300 acres of the 614-acre tract there are seams of No. 11 and No. 12 coal (the No. 11 seam lies four feet and four inches below the…

2Cases cited4 opinions

  1. Commonwealth, Department of Highways v. TyreeCourt of Appeals of Kentucky (pre-1976) · 1963
  2. Stewart v. Commonwealth Ex Rel. Department of HighwaysCourt of Appeals of Kentucky (pre-1976) · 1960
  3. City of Newport Municipal Housing Commission v. Turner Advertising, Inc.Court of Appeals of Kentucky (pre-1976) · 1960
  4. Commonwealth v. GilbertCourt of Appeals of Kentucky (pre-1976) · 1952

3Cited by26 opinions

  1. Commonwealth, Department of Highways v. ShawCourt of Appeals of Kentucky (pre-1976) · 1965
  2. City of Tucson v. LaForgeCourt of Appeals of Arizona · 1968
  3. Commonwealth, Department of Highways v. CarlisleCourt of Appeals of Kentucky (pre-1976) · 1969
  4. Commonwealth, Department of Highways v. ClevelandCourt of Appeals of Kentucky (pre-1976) · 1966
  5. Commonwealth, Department of Highways v. FinleyCourt of Appeals of Kentucky (pre-1976) · 1963

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