Commonwealth, Department of Highways v. Burchett

PALMORE, Judge.

In connection with the reconstruction, of a portion of U. S. Highway 23 some 3 to 4 miles north of Prestonsburg the state highway department brought these proceedings pursuant to KRS 177.081 et seq. to condemn 9.77 acres of land in fee simple. It appeals from a judgment of the Floyd Circuit Court denying it the right to condemn for. the following reason:

“That the petitioner is not authorized to condemn the lands for the use and occupancy thereof and the material for the purposes and under the conditions and limitations set forth in the petition on the grounds that the…