IN THE CIRCUIT COURT OF
RALEIGH COUNTY,
WEST VIRGINIA
Civil Action No.
CC-41-2022-C-389
Hon. Darl Poling
AEP WEST VIRGINIA TRANSMISSION COMPANY, INC.,
a West Virginia corporation
Petitioner,
vs.
SHANNON LEE DANIEL, ROBERT WILLIAM CLARK, ROBERT L. MILAM, JR., TRUSTEE, STEPHANIE L. ABRAHAM, TRUSTEE, WHITESVILLE STATE BANK, UNKNOWN PERSONS/OWNERS and SCOTT F.VANMETER, SHERIFF OF RALEIGH COUNTY, WEST VIRGINIA,
Respondents.
LEGAL NOTICE OF
PUBLICATION AND NOTICE
TO APPEAR ON
FEBRUARY 7, 2023, AT 1:30 P.M.
TO: RESPONDENTS, SHANNON LEE DANIEL, ROBERT WILLIAM CLARK, ROBERT L. MILAM, JR., TRUSTEE, STEPHANIE L. ABRAHAM, TRUSTEE, WHITESVILLE STATE BANK, UNKNOWN PERSONS/OWNERS, AND SCOTT F. VANMETER, SHERIFF OF RALEIGH COUNTY, WEST VIRGINIA
Notice is hereby given to Shannon Lee Daniel, Robert William Clark, Robert L. Milam, Jr., Trustee, Stephanie L. Abraham, Trustee, Whitesville State Bank, Unknown Persons/Owners, and Scott F. VanMeter, Sheriff of Raleigh County, West Virginia (hereinafter sometimes referred to as “the aforementioned respondents”), that a Petition for Condemnation/ Right of Entry has been filed in the Circuit Court of Raleigh County, West Virginia, and is known as Civil Action No. CC-41-2022-C-389, and styled AEP West Virginia Transmission Company, Inc. vs. Shannon Lee Daniel, et al.
Said Petition for Condemnation/Right of Entry under the West Virginia laws of eminent domain seeks property for the construction of electrical transmission, distribution, and communication lines and appurtenant equipment and fixtures, and condemnation and right of entry on behalf of AEP West Virginia Transmission Company, Inc. situate in Trap Hill District, Raleigh County, West Virginia, being designated as Parcel No. 2 as identified as Tax Map 18; Lots Nos. 27, 28, 30, and 32 as identified as Tax Map 14, Parcel 30; and Lots Nos. 33 and 34 as identified as Tax Map 14, Parcel 28; and recorded in the office of the Clerk of the County Commission of Raleigh County, West Virginia, in Deed Book 5065, at page 7781; and Parcel No. 3 as identified as Tax Map 18; and Parcel No. 29 as identified as Tax Map 14, and recorded in said Clerk’s office in Deed Book 5065, at page 7783, and bounded and described as follows:
SUR 33.44 AC JEFF TRUMP PL
PARCEL NO. 2
BEGINNING at a stake on a ridge, a chestnut bush pointer, a corner to Lot No. 1, also a comer to Eva M. Martin’s 16 acres tract; thence with a line of Lot No. 1 reversed S 20deg. 35′ W 1018.43 feet to two hickories on the divide between Marsh Fork and Maple Meadow, a corner to Josiah Mankin; thence with said Mankin and said divide, N 74deg. 02′ W 397.65 feet to a dogwood cut down, three hickory pointers; N 51deg. 10′ W 275.41 feet to a white oak; thence N 88deg. 20′ W 144.91 feet to two chestnut oaks, cut down, a corner to Josie Hutchison, and with a line of same, N 51deg. 55′ E 1375 feet to a stake on the East side of a ridge near a large dead chestnut; N 15deg. 12′ E 674.92 feet to a stake on the point of a ridge, a corner to Virginia B. Clark and Eva M. Martin, and with lines of the latter S 73deg. 43’E 939.46 feet to a stake on top of a ridge a chestnut bush pointer; S 42deg. 02′ W 92.92 feet to a white oak, S 36deg. 49′ W 360.69 feet to a stake, chestnut bush pointer S 52deg. 15′ W 428.56 feet to the beginning containing 33.44 acres, and known as the “Mountain Tract” or “Jeff Trump Place”.
MARSH FK COAL RIVER
SUR 15 AC 106 PLS
PARCELS NO. 27, 28, 30, 32
Lots 27, 28, 30 and 32 of the Martin Addition as shown on a map of said Addition of record in the aforesaid County Clerk’s Office in Map Book 7, page 76 and as identified as Lots 27, 28, 30 and 32 on Tax Map 14 located in Trap Hill Tax District, Raleigh County, West Virginia.
R L TOLLEY TR
SUR 19 AC MARSH FK
PARCELS NO. 33 and 34
Being Lots No. 33 (Parcel No. 33 on Tax Map 14 – Sur 11 ACS Marsh Fork) and Lot No. 34 (Parcel No. 34 on Tax Map 14 – Sur 10 ACS NR Marsh Fork) and as identified on Tax Map 14 located in Trap Hill Tax District, Raleigh County, West Virginia.
SUR 16 AC 106 SQ PLS
Being designated as Parcels No. 3 & 4 on Tax Map 18 and Parcel No. 29 on Tax Map 14 located in Trap Hill Tax District, Raleigh County, West Virginia, and being more particularly bounded and described as follows:
PARCEL NO. 3
The surface of the following described real estate containing 16.1 acres, more or less:
BEGINNING at the southeast comer of Lot No. 10; thence with said lot N 73-1/4 W 69 poles to a stake; thence S 14 W 25 poles to a planted rock on a spur of a ridge; thence S 74-3/4 E 57-1/2 poles to a stake on top of a ridge; thence S 42-1/4 W 6 poles, S 35 W 22 poles, S 51 W 26 poles to a stake on the top of a ridge; thence with the ridge S 42-1/4 W 6 poles, S 35 W 22 poles, S 51 W 26 poles to a stake on the top of the ridge; thence leaving the ridge S 50-3/4 E 30-1/4 poles to a stake on the southeastern line of the survey; thence with the said line N 20-1/2 E 83 poles to the beginning corner, containing 16 acres and 106 square poles.
The aforementioned respondents are hereby notified a copy of said Petition for Condemnation/Right of Entry may be obtained from the Raleigh County Circuit Clerk’s office at the Raleigh County Judicial Center, 222 Main Street, Beckley, West Virginia, 25801, for the purposes of appearing and defending. The Petition for Condemnation/Right of Entry may also be obtained from the attorneys for AEP West Virginia Transmission Company, Inc., Stephen F. Gandee, Post Office Box 128, 140 West Main Street, Suite 300, Clarksburg, West Virginia, 26302-0128, or Douglas C. McElwee, 700 Virginia Street East, Suite 400, Charleston, West Virginia, 25301.
The aforementioned respondents are further notified that a hearing on the said Petition for Condemnation/Right of Entry will occur on February 7, 2023, at 1:30 p.m., by Teams, by the Circuit Court of Raleigh County, West Virginia, located at the Raleigh County Judicial Center, 222 Main Street, Beckley, West Virginia, 25801, before the Honorable Darl Poling. You may appear and participate for hearing as stated above, and are notified that any failure to appear may result in the waiver of any defenses or claims, if any, you may have. Should you desire to participate, you may obtain the access information from the Court’s secretary by calling (304) 255-0400 and identifying this case number, hearing date, and time.
Entered by the Clerk of said Court on this 4th day of January, 2023.
PAUL FLANAGAN
RALEIGH COUNTY
CIRCUIT CLERK
By:
Deputy Clerk
Submitted by:
/s/ Stephen F. Gandee
Douglas C. McElwee
(W. Va. State Bar I.D.: 2449)
Stephen F. Gandee
(W. Va. State Bar I.D.: 5204)
Post Office Box 1791
Charleston, West Virginia 25326
(304) 347-8310
E-FILED | 1/4/2023 5:06 PM
CC-41-2022-C-389
Raleigh County Circuit Clerk
Robert M. McComas