IN THE CIRCUIT COURT OF WETZEL COUNTY, WEST VIRGINIA
WEST VIRGINIA DEPARTMENT OF UPON PROCEEDINGS TO
TRANSPORTATION, DIVISION OF CONDEMN LAND FOR HIGHWAYS, a public
corporation, PUBLIC USE
Petitioner, CIVIL ACTION NO. 24-C-45
-vs- PROJECT NO. U352-2-11.66 00
Parcel No. 10-1
ROBERT F. ROTHLISBERGER Judge Jeffrey D. Cramer
10 Neubauer Drive
New Martinsville, WV 26155
HEIRS OF JACOB DOUGHERTY, deceased
SHERIFF OF WETZEL COUNTY, West Virginia,
200 Main Street
New Martinsville, WV 26155
Respondents
ORDER OF PUBLICATION
The object of the above-entitled action is to condemn land for public use and for the Court to establish and determine by decree:
1. That a Guardian ad litem be appointed for any Respondents known or determined to be under a disability.
2. For determination of the right of Petitioner to condemn and appropriate for public road purposes the land indicated and described herein;
3. That the Court enter an order that vests defeasible title in Petitioner and permits the land sought to be condemned to be at once entered upon, possessed, appropriated and used for the purposes stated in this Petition, pursuant to Chapter 54, Article 2, Section 14a of the Official Code of West Virginia, 1931, as amended;
4. That such other and further proceedings may be had in the premises as shall
conform to law, and that upon payment of the compensation and damages thus
ascertained, the indefeasible title to such right of way easements shall be vested in the West Virginia Department of Transportation, Division of Highways.
5. The property sought to be condemned in this proceeding lies wholly in the Franklin District, Wetzel County, West Virginia, and is described as follows:
PARTIAL TAKE – TEMPORARY CONSTRUCTION EASEMENT
BEGINNING at a point in the eastern proposed temporary construction easement line of relocated West Virginia Route 2, said point being in the eastern existing
noncontrolled access right of way line of West Virginia Route 2, and 125 feet radially right of relocated West Virginia Route 2 centerline at Station 135+93, Project U352-2-11.66 00, Wetzel County, West Virginia;
thence, northerly, meandering with said existing with right of way line 50 feet, more or less, to a point in the eastern proposed temporary construction easement line, said point being 115 feet radially right of centerline Station 136+41;
thence, northeasterly, with said proposed temporary construction easement line 20 feet, more or less, to a point 134 feet radially right of centerline at Station 136+47;
thence, southerly, continuing with said temporary construction easement line 50 feet, more or less, to a point 144 feet radially right of centerline at Station 135+99;
thence, southwesterly, continuing with said temporary construction easement line 20 feet, more or less, to the place of beginning and containing 1,001 square feet more or less.
The tract of land hereinabove described is a portion of that same real estate conveyed unto Mary Lorentz Rothlisberger, from Harry L. Rothlisberger, by will dated April 21, 1978, of record in the Office of the Clerk of the County Commission of Wetzel County, West Virginia, in Will Book 59 Page 160.
The said Mary Lorentz Rothlisberger died testate, April 16, 2013, and in accordance with her last will and testament, give and devised to her son, Robert Fredrick
Rothlisberger her real estate by last will and testament dated December 16, 2008 of record in the Office of the Clerk of the County Commission of Wetzel County, West Virginia, in Will Book 73, page 180.
6. The property taken is owned by Respondent Robert F. Rothlisberger and is assessed by Wetzel County, West Virginia as Proctor District, Tax map 23, Parcel 10-1.
7. The property proposed to be taken is subject to easements and/or interests as follows:
By instrument dated April 18, 1952, Robert W. Bohrer and Sadie E. Bohrer reserved a twelve-foot (12′) right of way through the subject property to the “old Dougherty Farm”, which instrument was placed of record in Deed Book 118 at page 234, in the office of the County Clerk of Wetzel County, West Virginia. The Petitioner is informed that the right of way is owned by the Heirs of Jacob Dougherty. The Petitioner has no
information as to the names, addresses, ages or potential legal disability suffered by the Heirs of Jacob Dougherty.
8. The purpose of this project, entitled “West Virginia Route 2, Proctor to Kent” is for the upgrade of West Virginia Route 2 in Wetzel County, West Virginia.
9. Petitioner further states that by virtue of the authority vested in it by the laws of this State, it has determined that the aforementioned property is necessary for public use as a part of the State Road System of West Virginia, and deeming it to be necessary for such State Road purposes, it has designated and is in the process of planning the construction and/or is constructing a certain public road or highway to be known as “Route 2 – Proctor to Kent”. The property proposed to be taken is designated as
Parcel 10-1, Project No U352-2-11.66 00, which will become a part of the State Road System of this State, will be used for public road purposes, will be maintained by DOH, and will be of benefit to the general public. The project upon completion will result in a public road in the state road system under the control and jurisdiction of Petitioner pursuant to West Virginia Code §17-2A-8.
10. Petitioner has made available in the West Virginia Division of Highways Right of Way Office of District 6, located in Moundsville, West Virginia, a set of plans or maps for the project showing the planned construction. A true and correct copy of the plan or map relating to the property on which the road is to be constructed is attached to the Petition as Exhibit A.
11. Insofar as Petitioner has been able to ascertain, title to the land adversely affected and which is proposed to be taken as described herein is vested in the name of the Respondents.
12. The following liens affect the subject property, and must be paid out of the
Commissioners’ award and/or jury verdict:
(a) Any unpaid real property taxes; and
(b) To the extent appropriate, the foregoing abstracts of judgment, rights of way agreements or deeds, utility easements and oil and gas leases.
13. Petitioner represents that it has been unable to agree with Respondent as to the sum of just compensation for the parcel to be taken, and that Petitioner has heretofore tendered to Respondent the sum of TWO THOUSAND ONE HUNDRED DOLLARS ($2,100.00), which is the amount Petitioner estimates to be the fair market value of the surface of the property, or estate, right or interest therein sought to be condemned, including all damages, if any, to the residue, beyond all benefits, if any, to be derived by the residue by reason of the taking, and also for any and all damages or compensation of any nature whatsoever to which the Respondent is entitled, arising directly or indirectly from the construction and maintenance of a highway or the
improvement and maintenance of said land and adjoining lands for highway purposes or from work performed or material placed upon or removed from said land or any
adjoining lands, and that the compensation herein provided is for any and all
damages to the residue of any lands retained by the Respondent. Petitioner,
therefore, institutes this proceeding under W.Va. Code § 54-2-14a
A copy of the said PETITION OF THE WEST VIRGINIA DEPARTMENT OF
TRANSPORTATION, DIVISION OF HIGHWAYS, TO CONDEMN LAND FOR PUBLIC USE can be obtained from the undersigned Clerk at his or her Office.
ENTERED by the Clerk of said Court: January 10, 2025.
Original signed by clerk
Clerk of the Circuit Court of
Wetzel County, WV
16210