IN THE CIRCUIT
COURT OF
MARSHALL COUNTY, WEST VIRGINIA
AEP WEST VIRGINIA TRANSMISSION
COMPANY, INC., a West Virginia corporation,
Petitioner,
vs.
KIMBERLY A. WHITFIELD, STATE OF WEST
VIRGINIA, STATE TAX DIVISION, MARSHALL
COUNTY COMMISSION, UNKNOWN
PERSONS/OWNERS, and WILLIAM
HELMS, JR., SHERIFF OF MARSHALL
COUNTY, WEST VIRGINIA,
Respondents.
Civil Action No. CC-25-2025-C-69
Hon. Jeffrey D. Cramer
LEGAL NOTICE OF PUBLICATION AND NOTICE TO APPEAR ON AUGUST 4, 2025, AT 11:30 A.M., WHICH RE-
SCHEDULES A HEARING ORIGINALLY SET FOR AUGUST 8, 2025, AT 10:30 A.M.
TO: RESPONDENTS, KIMBERLY A. WHITFIELD, STATE OF WEST VIRGINIA,
STATE TAX DIVISION, MARSHALL COUNTY COMMISSION, UNKNOWN PERSONS/ OWNERS, AND WILLIAM HELMS, JR., SHERIFF OF MARSHALL COUNTY, WEST VIRGINIA
Notice is hereby given to Kimberly A. Whitfield, State of West Virginia, State Tax Division, Marshall County Commission, Unknown Persons/
Owners, and William Helms, Jr., Sheriff of Marshall County, West Virginia (hereinafter sometimes referred to as “the
aforementioned respondents”), that a Petition for Condemnation/Right of Entry has been filed in the Circuit Court of Marshall County, West Virginia, and is known as Civil
Action No. CC-25-2025-C-69, and styled AEP West Virginia Transmission Company, Inc. v. Kimberly A.
Whitfield, et al.
Said Petition for Condemnation/Right of Entry under the West Virginia laws of eminent domain seeks property for the construction of electrical transmission, distribution, and communication lines and appurtenant equipment and fixtures, and condemnation and right of entry on behalf of AEP West Virginia Transmission Company, Inc. situate in Meade District, Marshall County, West Virginia, identified as Tax Map 8, Parcel 12.1, and recorded in the office
of the Clerk of the County Commission of Marshall County, West Virginia, in Deed Book 530, at page 583, and being more specifically bounded and described as follows:
26.813 A BOWMAN
Situated in Meade District, Marshall County, West Virginia, along Sally’s Backbone or W. Va. Secondary Route No. 21, bounded and described as follows:
Beginning at a point located in said road at the southwest corner of
Donald Harris’ second parcel, the most northerly corner of George Koontz’s 100.164 acre tract and a corner to lands of Randall
Burkhart; thence running with said Harris tract S. 60* 06′ 06″ E. 430.78 feet set a 5/8 inch iron rod, passing through a 5/8 inch iron rod set at 20.00 feet. Said iron rod corner is located S. 21* 38′ 47″ E. 76.00 feet from a wild cherry stump corner; thence running with said Harris’ first parcel S. 21* 38′ 47″ E. 774.79 feet found a stone, a corner of said Koontz and said Harris and Pete Mysliwiec; thence running with said Mysliwiec line S. 24* 38′ 47″ E. 305.68 feet to a
point; thence leaving said Mysliwiec and running with lands remaining to said Koontz the following fourteen (14) lines, S. 64*
19′ 07″ W. 168.84 feet set a 5/8 inch iron rod, passing through a 24 inch beech at 13.22 feet located on the west bank above the run; thence N. 60* 32′ 00″ W. 343.71 feet set a 5/8 inch iron rod;
thence N. 37* 27′ 48″ W. 36.81 feet set a 5/8 inch iron rod; thence N. 59* 29′ 09″ W. 100.23 feet set a 5/8 inch iron rod; thence N. 71* 40′ 43″ W. 89.97 feet set a 5/8 inch iron rod; thence N. 81* 57′ 35″ W. 115.64 feet set a 5/8 inch iron rod; thence N. 86* 15′ 01″ W. 149.24 feet set a 5/8 inch iron rod; thence N. 78* 24′ 53″ W. 81.57 feet set a 5/8 inch iron rod; thence N. 60* 01′ 18″ W. 81.60 feet set a 5/8 inch iron rod; thence N. 35* 17′ 34″ W. 66.46 feet set a 5/8 inch iron rod; thence N. 17* 21′ 07″ W. 99.59 feet set a 5/8 inch iron rod; thence N. 04* 19′ 53″ W. 156.14 feet set a 5/8 inch
iron rod; thence N. 16* 08′ 02″ E. 259.53 feet set a 5/8 inch iron rod; thence N. 80* 46′ 02″ W. 116.25 feet to a point located in the center of said road, passing through a 5/8 inch iron rod set at 97.05 feet; thence running to points located in the center of said road with lands of said Burkhart the following eighteen (18) lines, N. 00* 38′ 16″ W. 36.79 feet to a point; thence N. 08* 29′ 26″ W. 94.54 feet to a point; thence N. 17* 30′ 06″ W. 50.64 feet to a point; thence N. 25* 54′ 24″ W. 52.13 feet to a point; thence N. 43* 16′ 58″ W. 47.56 feet to a point; thence N. 55* 16′ 44″ W. 38.39 feet to a point; thence N. 68* 48′ 21″ W. 63.28 feet to a
point; thence N. 62* 34′ 32″ W. 37.64 feet to a point; thence N. 24* 25′ 20″ W. 34.03 feet to a point; thence N. 31* 59′ 46″ E. 29.27 feet to a point; thence N. 67* 11′ 26″ E. 40.37 feet to a point; thence N. 70* 40′ 02″ E. 118.50 feet to a point; thence N. 69* 24′
13″ E. 152.81 feet to a point; thence N. 65* 47′ 20″ E. 87.72 feet to a point; thence N. 60* 39′ 01″ E. 119.35 feet to a point; thence N. 57* 53′ 37″ E. 79.41 feet to a point; thence N. 45* 39′ 00″ E. 46.41 feet to a point; thence N. 37* 00′ 23″ E. 43.65 feet to the place of beginning, containing 26.813 acres, more or less.
The aforementioned respondents are hereby notified a copy of said Petition for Condemnation/ Right of Entry may be obtained from the Marshall County Circuit Clerk’s office at 600 7th Street, Moundsville, West Virginia, 26041, for the purposes of appearing and defending. The Petition for Condemnation/
Right of Entry may also be obtained from the attorneys for AEP West Virginia Transmission Company, Inc., Jeffrey A. Kimble, Post Office Box 128, 140 West Main Street, Suite 300, Clarksburg, West Virginia, 26302-0128, or Douglas C. McElwee, 700 Virginia Street East, Suite 400, Charleston, West Virginia, 25301. The aforementioned respondents are further notified that a hearing on the said Petition for Condemnation/Right of Entry will occur on August 4, 2025, at 11:30 a.m., in the Circuit Court of Marshall County, West Virginia, located at 600 7th Street, Moundsville, West
Virginia, 26041, before the Honorable Jeffrey D. Cramer. You may appear for hearing as stated above, and are notified that any failure to appear may result in the waiver of any defenses or claims, if any, you may have.
Entered by the Clerk of said Court on this 10th day of July, 2025.
JOSEPH M. RUCKI
MARSHALL COUNTY
CIRCUIT CLERK
By:
Deputy Clerk
Submitted by:
/s/ Jeffrey A. Kimble
Douglas C. McElwee
(W. Va. State Bar
I.D.: 2449)
Jeffrey A. Kimble
(W. Va. State Bar
I.D.: 4928)
Post Office Box 128
140 West Main Street, Suite 300
Clarksburg, West Virginia 26302-0128
(304) 326-5314
Attorneys for Petitioner
INT-July 14 & 21, 2025