(Download) "Commonwealth of Kentucky v. Smith" by Court Of Appeals Of Kentucky * Book PDF Kindle ePub Free
eBook details
- Title: Commonwealth of Kentucky v. Smith
- Author : Court Of Appeals Of Kentucky
- Release Date : January 22, 1962
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 77 KB
Description
WILLIAMS, Judge. The appellees, Archer O. Smith and Charlene Smith, owned a 1.71-acre tract of land approximately one mile north of Calvert City. The property was improved with a restaurant building, a metal shed used as a plumbing shop, and a small two-story apartment building. It was the nearest commercial enterprise adjacent to a large industrial area. The appellant, Commonwealth of Kentucky, Department of Highways, under the power of eminent domain, acquired a 120-foot strip running diagonally across the rear of appellees' property and comprising about .44 acres. The location of the buildings on the property was not affected by the taking, but the sewerage system (septic tank and drainage field) was taken in its entirety. Trial of the condemnation proceedings was had in the Marshall Circuit Court and a jury awarded the landowners $3,000 for the land taken plus $17,000 for resulting damage.