IN THE CIRCUIT COURT OF
RALEIGH COUNTY,
WEST VIRGINIA
CASE NO.: 23-C-198
WEST VIRGINIA DEPARTMENT OF TRANSPORTATION, DIVISION OF HIGHWAYS,
Petitioner,
PROJECT NO.: X341-ZWA/Y-6.22 02; STP-0019(430)D PARCEL NO.: 39 UNKNOWN HEIRS of NORVEL PITTMAN; UNKNOWN HEIRS of HAZEL PITTMAN KEENER; UNKNOWN HEIRS of ARLET PITTMAN HARRIS; DEBRA M. MORRIS MCWILLIAMS, an individual; TRACY L. MORRIS MOORE, an individual; PHYLLIS P. MORRIS, an individual; CECIL HUGHES, an individual; MABEL M. PITTMAN, an individual; PATRICIA A. HUGHES, an individual; SANDRA LENORA PENNINGTON SMITH, an individual; NEWTON ARLIN PENNINGTON, JR., an individual; ELENORA PENNINGTON ELAM, an individual; PEGGY M. PENNINGTON, an individual; ZOLA PENNINGTON, an individual; CECIL KEENER, an individual; ALLEN E. WARNER, an individual; PAUL A. ROSE, an individual; SYNTHIA A. ROSE, an individual; J.R. BENNETT, an individual; ORAL BENNETT, an individual; HAROLD K. LILLY, an individual; MICHAEL B. LILLY, an individual; TERRY E. LILLY, an individual; SEAN M. LILLY, an individual; JERRI LEANN LILLY, an individual; ELAINE L. CHAMBERS, an individual; and 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. 39 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 division line between an Heirs of J.R. Bennett, et al. and Heirs of Newton Pitman, said point being in the eastern existing right of way line of US Route 19 and 291 feet left of and at right angle to relocated US Route 19 centerline at Station 306+51, Project X341-ZWA/Y-6.22 02, STP-0019(430)D, Raleigh County, West Virginia; thence, northwesterly, meandering with said existing right of way line 11 feet, more or less, to a point in the division line between Elaine L. Chambers and Heirs of Newton Pitman, said point being 295 feet left of and at right angle to centerline at Station 306+60; thence, northeasterly, with said division line 43 feet, more or less, to a point common to Elaine L. Chambers, Harold K. Lilly, II, et al., and Heirs of Newton Pitman, said point being 252 feet radially left of centerline at Station 306+65; thence, southeasterly, with said division line between Harold K. Lilly II, et al. and Heirs of Newton Pitman 10 feet, more or less, to a point common to Harold K. Lilly II, et al., Unknown, Heirs of J.R. Bennet, et al. and Heirs of Newton Pitman, said point being 250 feet left of and at right angle to centerline at Station 306+55; thence, southwesterly, with said division line between Heirs of J.R. Bennet, et al. and Heirs of Newton Pitman 41 feet, more or less, to the place of beginning and containing 423 square feet (0.01 acres), more or less. The tract of land hereinabove described is all of that remaining real estate laying to the left of relocated US Route 19 centerline and conveyed unto Newton Pitman, from James W. Davis, by deed dated February 10, 1903, of record in the Office of the Clerk of the County Commission of Raleigh County, West Virginia in Deed Book Z, at Page 65. Newton Pitman died intestate on or about October 30, 1951, and interest in said real estate was vested unto Ollie Pittman, his wife (1/7), and Everett S. Pittman (1/7), Norvel Pittman (1/7), Eunice Pennington (1/7), Arlet Harris (1/7), Hazel Keener (1/7), and Corvin Pittman (1/7), his children. Ollie Pittman died testate on May 19, 1960, and her 1/7 interest in said real estate was vested unto Everett S. Pittman, Norvel Pittman, Eunice Pennington, Arlet Harris, Hazel Keener, and Corvin Pittman, her children. Everett S. Pittman died testate on March 19, 1982, and by the terms of his Last Will and Testament, devised his 1/6 interest in said real estate unto Sharon Morris and Nigel Hughes, his children, of record in the aforesaid Clerk’s Office, in Will Book 32, at Page 562. Sharon Morris died testate on February 1, 2018, and by the terms of her Last Will and Testament, devised her 1/12 interest in said real estate unto Debra M. Morris McWilliams, Tracy L. Morris Moore, and Phyllis P. Morris, her children, of record in the aforesaid Clerk’s Office, in Will Book 5066, at Page 9975. Nigel Hughes, also known as Nigel Lee Hughes, died testate on June 10, 2015, and by the terms of her Last Will and Testament, devised her 1/12 interest in said real estate unto Cecil Hughes, her husband, of record in the aforesaid Clerk’s Office, in Will Book 5059, at Page 7992. Norvel Pittman died intestate on August 16, 1967; his shares are undetermined. Eunice Pennington died testate on February 1, 1989, and by the terms of her Last Will and Testament, devised her 1/6 interest in said real estate unto Newton Arlin Pennington, Sr., her son, of record in the aforesaid Clerk’s Office in Will Book 44, at Page 657. Newton Arlin Pennington, Sr. died intestate on January 11, 2000, and by terms of intestate succession, his 1/6 interest in said real estate was devised unto Mabel Elizabeth Pennington, his wife. Mabel Elizabeth Pennington died intestate May 16, 2016, and by terms of intestate succession, her 1/6 interest in said real estate was devised unto Sandra Lenora Pennington, Newton Arlin Pennington, Jr., Elenora Elam, Gilbert Lee Pennington, and Janet Darlene Bailey, deceased. Gilbert Lee Pennington died intestate on December 27, 2018, and by terms of intestate succession, his 1/24 interest in said real estate was devised unto Peggy M. Pennington, his wife. Corvin Pittman died testate on August 7, 1969, and by the terms of his Last Will and Testament, his 1/6 interest in said real estate was devised unto Zola Pittman, his wife, Hazel Pittman Keener, his sister, and Cecil Keener, Jr., his nephew, of record in the aforesaid Clerk’s Office, in Will Book 16, at Page 93. Hazel Pittman Keener died in September, 1986, no probate of her estate has been found.
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 June 15, 2023, to take and appropriate the above-described property for the purposes aforesaid;
2. that you may serve upon Brandon A. Chinn, 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 24th day of July, 2023 at 2:00 p.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 28th day of June, 2023.
THE WEST VIRGINIA
DEPARTMENT OF
TRANSPORTATION,
DIVISION OF HIGHWAYS,
By Counsel, /s/ Brandon A. Chinn
Brandon A. Chinn,
WV State Bar #14359
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
Counsel for Petitioner