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Legal Opinion

Commonwealth, Department of Highways v. Alexander

Court of Appeals of Kentucky

Decided March 26, 1965Published

1Opinion of the Court

CULLEN, Commissioner.

Believing that Warren County, in then pending condemnation proceedings, would acquire the necessary rights of way, the State Department of Highways entered upon the work of reconstructing Smallhouse Road in Warren County. This involved widening the road and raising its grade. The widening necessitated the taking of small portions of the properties of the Alexanders and the Gibsons, and the grade-raising caused some damage to their remaining lands.

At the time the Department of Highways commenced the reconstruction work, condemnation proceedings brought by the county…

2Cases cited9 opinions

  1. City of Ashland v. QueenCourt of Appeals of Kentucky (pre-1976) · 1934
  2. Perry County v. TownesCourt of Appeals of Kentucky (pre-1976) · 1929
  3. Barass v. Ohio CountyCourt of Appeals of Kentucky (pre-1976) · 1931
  4. Fallis v. Mercer CountyCourt of Appeals of Kentucky (pre-1976) · 1930
  5. Muhlenberg County v. RayCourt of Appeals of Kentucky (pre-1976) · 1926

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