Legal Opinion

Bennett v. Commonwealth, Department of Highways

Court of Appeals of Kentucky

Decided June 30, 1967PublishedCited by 6 opinions

1Opinion of the Court

PALMORE, Judge.

Barney Bennett appeals from a judgment awarding him $37,250 for a portion of his property taken by the Highway Department. We reverse upon the ground of error in excluding evidence of comparable sales.

The appellant’s property consisted of 28 acres on U. S. Highway 31W in Hardin County. He had on it a 4-bedroom brick veneer residence, nine tourist cabins, a brick apartment building, and other buildings and improvements. Slightly over two acres were taken, and it was necessary to destroy the residence and one of the cabins. In support of their valuation figures Bennett and his…

2Cases cited3 opinions

  1. Commonwealth, Department of Highways v. FisterCourt of Appeals of Kentucky (pre-1976) · 1963
  2. Stewart v. Commonwealth Ex Rel. Department of HighwaysCourt of Appeals of Kentucky (pre-1976) · 1960
  3. Commonwealth, Department of Highways v. Oakland United Baptist ChurchCourt of Appeals of Kentucky (pre-1976) · 1963

3Cited by6 opinions

  1. Commonwealth, Department of Highways v. StockerCourt of Appeals of Kentucky (pre-1976) · 1968
  2. Commonwealth, Department of Highways v. ThompsonCourt of Appeals of Kentucky · 1968
  3. Commonwealth, Department of Highways v. BlincoeCourt of Appeals of Kentucky · 1967
  4. Urban Renewal & Community Development Agency of Louisville v. MonskyCourt of Appeals of Kentucky · 1968
  5. In the Matter of the Condemnation of Certain Rights in Land for the Extension of Armar Drive Project by the City of Marion, Iowa, Phyllis M. Rausch, Trustee of the William J. Rausch Family Trust v. City of Marion, IowaSupreme Court of Iowa · 2022

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