IN THE CIRCUIT COURT OF MORGAN COUNTY, WEST VIRGINIA
WEST VIRGINIA DEPARTMENT
OF TRANSPORTATION,
DIVISION OF HIGHWAYS,
Petitioner,
CASE NO.:24-C-67 (Judge McLaughlin)
v. PROJECT NO.: U333-522-11.92
NHPP-0522(018) C
PARCEL NO. 12
PBNJ TRUST, RICHARD L. PATRICK
as TRUSTEE, JEAN S. LUNING-JOHNSON
as TRUSTEE, KENNETH ROE, SUSANNA
ROE, and MORGAN COUNTY
SHERIFF/TREASURER;
Respondents.
ORDER OF PUBLICATION
THIS IS A PUBLICATION BY CLASS II LEGAL ADVERTISEMENT
TO RESPONDENTS SUSANA ROE and KENNETH ROE, AND OTHER LAWFUL CLAIMANTS:
THIS IS A CONDEMNATION ACTION FILED PURSUANT TO WEST VIRGINIA CODE § 54-2-14a. 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. The property to be condemned is more particularly described as follows:
State Project# U333-522-11.92
Federal Project# NHPP-0522(018)C
CONTROLLED ACCESS RIGHT OF WAY
BEGINNING at a point in the western proposed controlled access right of way line of relocated US 522, said point being in the division line between John Heim and Richard L. Patrick Johnson and Jean S. Luning – Johnson, as Trustees of the PBNJ Trust, said point being 229 feet left of and at right angle to centerline at Station 802+52, U333-522-11.92 04, NHPP-0522(046)D, Morgan County, West Virginia:
thence, northerly, with said proposed controlled access right of way line 25 feet, more or less, to a point 231 feet left of and at right angle to centerline at Station 802+77;
thence, northeasterly, continuing with said proposed controlled access right of way line 400 feet, more or less, to a point 179 feet left of and at right angle to centerline at Station 806+74;
thence, northerly, continuing with said proposed controlled access right of way line 327 feet, more or less, to a point 161 feet radially left of Station 810+65;
thence, northerly, continuing with said proposed controlled access right of way line 307 feet, more or less, to a corner common to Walter Stephen Harmison, et al, U. S. Silica Company (Penna Glass Sand Corp) and Richard L. Patrick Johnson and Jean S. Luning – Johnson, as Trustees of the PBNJ Trust, said point being 223 feet radially left of Station 814+39;
thence, southeasterly, with said division line 383 feet, more or less, to a corner common to Walter Stephen Harmison, et al, War Memorial Hospital, Inc. and Richard L. Patrick Johnson and Jean S. Luning – Johnson, as Trustees of the PBNJ Trust, said point being 56 feet radially right of centerline at Station 811+48;
thence, southeasterly, with the division line between War Memorial Hospital, Inc. and Richard L. Patrick Johnson and Jean S. Luning – Johnson, as Trustees of the PBNJ Trust, 87 feet, more or less, to a corner common to War Memorial Hospital, Inc., Steven C. Unger II and Richard L. Patrick Johnson and Jean S. Luning – Johnson, as Trustees of the PBNJ Trust, said point being 126 feet radially right of centerline at Station 811+00;
thence, southwesterly, with the division line between Steven C. Unger II and Richard L. Patrick Johnson and Jean S. Luning – Johnson, as Trustees of the PBNJ Trust, 571 feet, more or less, to a corner in said division line being 4 feet right of and at right angle to centerline at Station 805+69;
thence, easterly, continuing with said division line 220 feet, more or less, to a point in the eastern proposed controlled access right of way line, said point being 223 feet right of and at right angle to centerline at Station 806+76;
thence, southerly, with said proposed controlled access right of way line 82 feet, more or less, to a point in the division line between Jeremy E. Winfield, Sr. and Richard L. Patrick Johnson and Jean S. Luning – Johnson, as Trustees of the PBNJ Trust, said point being 250 feet right of and at right angle to centerline at Station 804+99;
thence, southwesterly, with said division line 178 feet, more or less, to a point in the northern existing right of way line of Sherrill Lane, said point being 136 feet right of and at right angle to centerline at Station 803+61;
thence, southwesterly, with the meanders of said right of way line 93 feet, more or less, to a corner in the division line between John Heim and Richard L. Patrick Johnson and Jean S. Luning – Johnson, as Trustees of the PBNJ Trust, said corner being 103 feet right of and at right angle to centerline at Station 802+74;
thence, westerly, with said division line 332 feet, more or less, to the point of beginning, and containing 6.24 acres, more or less.
The parcel of land hereinabove described is a portion of that same real estate conveyed unto Richard L. Patrick Johnson and Jean S. Luning – Trustees of the PBNJ Trust, from June S. Luning-Johnson, as Trustee of the Luning Family Trust, by deed dated January 5, 2005, of record in the Office of the Clerk of the County Commission of Morgan County, West Virginia, in Deed Book 212 at Page 197.
It appearing by affidavit filed in this action that above-named Respondents are non-residents of the State of West Virginia or have an unknown address, it is hereby Ordered that Respondents Kenneth Roe and Susanna Roe serve upon Kurt E. Entsminger, Esquire, Attorney for the Petitioner, an Answer, including any related counterclaim or defense you may have to the Petition filed in this action. You are hereby notified that the Petition of the West Virginia Department of Transportation, Division of Highways, to condemn land, described below for public use will be brought on for hearing on the 5th day of December, 2024 at 1:30 p.m. before the Honorable Debra McLaughlin at the Morgan County Courthouse, 77 Fairfax Street, Berkeley Springs, West Virginia. A Copy of the said Petition and Order Granting Leave and Setting Right of Entry Hearing may be obtained from the Clerk of the Circuit Court of Morgan County, West Virginia. A Land Commissioner 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 that any and all other proceedings may be held and had as may be proper, at which time and place you, are hereby notified to be present to protect your interests in said proceeding.
ENTERED BY THE CLERK OF SAID COURT ON NOVEMBER 13, 2024.
Melanie Gloyd-Shambaugh
Circuit Clerk
Kristy Farris Somers
Deputy
11-20-2tm