IN THE CIRCUIT COURT OF
RALEIGH COUNTY,
WEST VIRGINIA
NORTH BECKLEY
PUBLIC SERVICE DISTRICT, a
political subdivision, for the
State of West Virginia
Plaintiff,
v.
CIVIL ACTION NO.: 24-C-245
ROBERT AVERY MCMILLION,
an individual,
REBECCA SUE FARLEY, an individual,
PATRICIA MCBRIDE, an
individual,
JOHN MCMILLION, an individual,
TABATHA MCMILLION, an individual,
CARLOS F. MCMILLION, an individual,
STEVEN AMES, an individual
and
JAMES CANADAY, Sheriff of
Raleigh County, West Virginia,
Defendants.
ORDER FOR PUBLICATION
The object of the above-entitled action is to acquire the right of entry by Eminent Domain to the property owned by The Estate of Carlos D. McMillion, including the named defendant(s) and any unknown heirs, for the purposes of the Piney View and Battoff Mountain sanitary sewer improvement project. The North Beckley Public Service District has undertaken a project to provide sanitary sewer services to the Piney View and Batoff Mountain area, including but not limited to Piney View and surrounding areas in Raleigh County, West Virginia. As part of the ongoing Project, North Beckley Public Service District, a political subdivision of the State of West Virginia, is required to place certain sewer lines through Defendant(s) property. North Beckley Public Service District must acquire a permanent easement and right of way for the purposes of relocating, installing, maintaining, laying, operating, repairing and removing sewer lines and related appurtenances. The property is identified on tax maps of Raleigh County in the Town District, on Map 6001, as Parcel 00550001, in the name of Carlos D. McMillion and further described as Sur Pt Lots 2 & 3 Sec 9 & 12’ R/W Piney View Fms. Being the same property that Carlos D. McMillion acquired by Deed of Carlos Franklin McMillion and Lucille McMillion, dated May 27, 1981, of record in the Office of the Clerk of the County Commission of Raleigh County in Book 643, at page 255. Carlos D. McMillion died intestate, a resident of Raleigh County, on or about August 29, 2014.
It appearing by Affidavit filed in this action that there may be defendant(s) unknown and Defendant(s) who are non-residents of the State for whom no agent or appointed or statutory agent or attorney in fact is found in the State upon whom service may be had to plaintiff.
It is ORDERED that the defendant(s), the heirs of Carlos D. McMillion, known and unknown, appear and serve upon Gavin Ward, plaintiff’s attorney, whose address is 228 North Fayette Street, West Virginia 25801, and/or John F. Rist, III, plaintiff’s attorney, whose address is 1800 Harper Road, West Virginia 25801, an answer or other defense to the Complaint filed in this action on or before the thirtieth (30th) day after the first publication of this Notice, otherwise judgment by default will be taken against them. It is hereby notified that on the 10th day of March, 2025, at 9:00 a.m., or as soon thereafter as counsel can be heard, North Beckley Public Service District, will appear before the Circuit Court of Raleigh County, West Virginia, Judge Darl W. Poling, in the Raleigh County Judicial Annex, 222 Main Street, Beckley, West Virginia, for the further proceeding with respect to North Beckley Public Service District’s condemnation pursuant to West Virginia Code § 54-2-14.
A copy of said Complaint and Motions can be obtained from the undersigned Clerk at her office in Beckley, Raleigh County, West Virginia.
Entered by the Court this 4th day of February 2025.
/s/ Darl W. Poling
Circuit Court Judge
14th Judicial Circuit