VIRGINIA:
IN THE CIRCUIT COURT OF TAZEWELL COUNTY
ORDER OF PUBLICATION
Case No. CL13001008-00
Project No. 1020-092-292,
M501, RW-201
UPC: 8839, Parcel 005
Tax Map Nos. 124-A-0039
and 124-A-0040
COMMISSIONER OF
HIGHWAYS,
Petitioner,
v.
WADE G. FERRELL, et al.,
Respondents.
TO WHOM IT MAY CONCERN:
Pursuant to an order entered on the 24th day of July, 2024, this notice is hereby given:
In this proceeding, the petitioner seeks to acquire by condemnation one parcel of land containing 0.13 acre, more or less, land in fee, and all improvements and appurtenances thereon, from a parcel of land (Parcel 005) situated in Tazewell County, Virginia, for the uses and purposes of the petitioner for the construction, reconstruction, alteration, improvement, maintenance, and repair of Route 1020, for a project known as State Highway Project No. 1020-092-292, M501, RW-201, in Tazewell County, Virginia, all of which uses and purposes are described more particularly in the amended petition and exhibits attached thereto on file in the office of the Clerk of this Court, to which amended petition and exhibits reference is hereby made for a full and accurate description thereof; and the petitioner further asks the Court to ascertain, or to appoint commissioners or to empanel a jury to ascertain, just compensation to the owners of any estate or interest in the property to be taken or affected as a result of the taking and use thereof by the petitioner.
For such purposes, the petitioner will apply to the Court, sitting at the Tazewell County Courthouse, 135 Court Street, Tazewell, Virginia 23921, on the 24th day of Sept., 2024, at 9:00 a.m., or as soon thereafter as the petitioner may be heard, for the Court to ascertain, or to appoint commissioners or to empanel a jury to ascertain, and report just compensation as aforesaid.
And it appearing by affidavits filed according to law that all owners of Parcel 005 at the time the petitioner acquired the aforesaid property interests cannot be found, that all living heirs at law of the deceased owner cannot be found, and that due diligence has been used by and on behalf of the petitioner to locate all owners or all living heirs at law of the deceased owner of Parcel 005 without effect, the Court does hereby ORDER that:
1. Any owner or heir at law of the unknown owners of Parcel O05 including, but not limited to the successors, heirs and devisees of Georgia Litton Keefer, Roy B. Litton, Jeanette Litton Henry, Eugene E. Litton, William Lilburn Litton, Marsha Jean Henry Colvin and Sam E. Litton shall appear within ten days after due publication of this order in the Clerk’s Office of the Circuit Court of Tazewell County, Virginia, and do what is necessary to protect their interests; and
2. If any owner or heir at law of the deceased owner desires to assert any objection or defense to the taking or damaging of Parcel 005 or to the jurisdiction of the Court to hear the case and to proceed with a jury, commission, or bench trial, such person shall file an answer designating the property in which that person claims to be interested, stating the grounds of any objection or defense to the taking of the property or to the jurisdiction of the Court to hear the case, and asking the Court to proceed with a jury, commission, or bench trial for the determination of just compensation. Should any such person fail to file an answer as hereinabove provided, such failure shall not preclude the person from appearing on the date set for the jury, commission, or bench trial or from presenting evidence as to valuation and damage or from sharing in the award of just compensation according to that person’s interest therein or otherwise protecting that person’s rights, but such failure shall preclude such person from any other defense by way of pleas in bar, abatement, or otherwise.
An extract, Teste:
Beth Brooks
Master deputy Clerk
Lori J. Bentley (VSB No. 40063)
Brian J. Brydges (VSB No. 43883)
Johnson, Ayers & Matthews, P.L.C.
310 First Street, S.W., Suite 700
Roanoke, VA 24011
P.O. Box 2200
Roanoke, VA 24009
Ph: (540) 767-2000
Fx: (540) 982-1552
[email protected]
[email protected]
Counsel for Petitioner
ID: 815840