IN THE CIRCUIT COURT OF
RALEIGH COUNTY,
WEST VIRGINIA
CASE NO.: 23-C-126
WEST VIRGINIA DEPARTMENT OF TRANSPORTATION, DIVISION OF HIGHWAYS,
Petitioner,
PROJECT NO.: X341-ZWA/Y-6.22 02; STP-0019(430)D PARCEL NO.: 12 UNKNOWN OWNER(S); RALEIGH COUNTY SHERIFF/TREASURER;
Respondents.
NOTICE OF PUBLICATION
To the Above-Named Respondents and other lawful claimants: The object of the above proceeding is to condemn certain property of the Respondents, or in which the Respondents have an interest, for public purposes for a roadway, designated as Project No. X341-ZWA/Y-6.22 02; STP-0019(430)D, the property proposed to be condemned being a part of Parcel No. 12 of the Project, as designated in the set of plans or maps for the project available for review in the DOH offices of District 10 located in Princeton, West Virginia. The property to be condemned for the purpose aforesaid is more particularly described as follows: Situate in the Shady Springs District, Raleigh County, West Virginia, and is described as follows: TOTAL TAKE – NONCONTROLLED ACCESS RIGHT OF WAY BEGINNING at a point in the northern existing right of way line of US Route 19, said point being in the division line between Heirs of J.R. Bennett, Ora E. Bennett, and Unknowns, and an Unknown Parcel and 181 feet left of and at right angle to relocated US Route 19 centerline at Station 304+55, Project X341-ZWA/Y-6.22 02, STP-0019(430)D, Raleigh County, West Virginia; thence, northwesterly, with said division line 210 feet, more or less, to a point common to Heirs of J.R. Bennett, Ora E. Bennett, and Unknowns, Heirs of Newton Pittman, Harold K. Lilly, et al., and an Unknown Parcel, said point being 250 feet left of and at right angle to centerline at Station 306+55; thence, northeasterly, with division line between Harold K. Lilly, et al. and an Unknown Parcel 37 feet, more or less, to a point common to Harold K. Lilly, et al., Heirs of J.R. Bennett, Ora E. Bennett, and Unknowns, and an Unknown Parcel, said point being 215 feet radially left of centerline at Station 306+65; thence, southeasterly, with said division line between Heirs of J.R. Bennett, Ora E. Bennett, and Unknowns and an Unknown Parcel 211 feet, more or less, to a point 154 feet left of and at right angle to centerline at Station 304+63; thence, southwesterly, continuing with said division line 28 feet, more or less, to the place of beginning and containing 6,874 square feet, more or less. The above-named Respondents are hereby notified: 1. that the above-styled condemnation proceeding was instituted in the Circuit Court of Raleigh County on or about April 10, 2023, to take and appropriate the above-described property for the purposes aforesaid; 2. that you may serve upon Robert W. Compton, West Virginia Division of Highways, 1900 Kanawha Boulevard, East, Building 5, Room A-517, Charleston, West Virginia, 25305, an answer to the Petition filed herein; 3. that a copy of the Petition may be obtained from the Clerk of the Circuit Court of Raleigh County; 4. that a hearing to determine the right of the Petitioner to take, appropriate and use the above-described land will be held on the 25th day of April, 2023 at 11:00 a.m. before the Honorable Judge Poling of Raleigh County via Microsoft TEAMS or as soon thereafter as counsel may be heard; 5. that Land Commissioners may be selected, whose purpose will be to determine just compensation for the land proposed to be taken and for damages, if any, to the residue, and 6. that any and all other proceedings may be held and had as may be proper, at which time and place you, and each of you, are hereby notified to be present to protect your interests in said proceeding.
Dated this 10th day of April, 2023.
THE WEST VIRGINIA
DEPARTMENT OF
TRANSPORTATION,
DIVISION OF HIGHWAYS,
By Counsel,
_/s/ Robert W. Compton
Robert W. Compton,
WV State Bar #8658
West Virginia Division of Highways Legal Division,
Room A-517, Building 5
1900 Kanawha Boulevard East Charleston, West Virginia
25305-0430
Counsel for Petitioner
(304) 558-2823
Fax: (304) 558-3035
[email protected]
Counsel for Petitioner