IN THE CIRCUIT COURT OF WYOMING COUNTY, WEST VIRGINIA
APPALACHIAN POWER COMPANY,
a Virginia corporation,
Petitioner,
vs. Civil Action No. 20-C-12
Hon. Joshua J. Miller
DARRELL V. MCGRAW, JR., WARREN R.
MCGRAW, BRIAN TIMOTHY MCGRAW,
MARK JEROME MCGRAW, PAUL T.
MCGRAW HEIRS, DENNIS K. MCGRAW,
PATRICK B. MCGRAW, JEANINE M.
MADISON, AMY M. GOOD, CAROLINE
MCGRAW, BRIAN MCGRAW, SUZANNE
RUTH LAVELL HEIRS, ADAM HICKS,
RANDY HICKS, KENNETH JEFFERY
MCGRAW, ANDREW ROSS MCGRAW,
RICHARD KEITH MCGRAW, PATRICIA
JANE MCGRAW HEIRS, JAN ALICIA
SHUMATE, DORIS B. MCGRAW HEIRS,
PAUL MCGRAW, JR. HEIRS, TRUSTEE
OF THE JOHN MCGRAW REVOCABLE
TRUST AGREEMENT DATED JANARY 14,
1999, CHERYL GINA PALMER, JAMES
RAYMOND MCGRAW, ELIZABETH MCGRAW
FORTNER, UNKNOWN PERSONS/OWNERS
and SHERILL PARKER, SHERIFF OF WYOMING
COUNTY, WEST VIRGINIA,
Respondents.
LEGAL NOTICE OF PUBLICATION AND NOTICE TO APPEAR
ON APRIL 2, 2025, AT 1:30 P.M., WHICH RESCHEDULES A
COMMISSIONERS’ HEARING ORIGINALLY SET FOR
FEBRUARY 12, 2025, AT 2:30 P.M.
TO: RESPONDENTS, DARRELL V. MCGRAW, JR., WARREN R. MCGRAW, BRIAN TIMOTHY MCGRAW, MARK JEROME MCGRAW, PAUL T. MCGRAW HEIRS, DENNIS K. MCGRAW, PATRICK B. MCGRAW, JEANINE M. MADISON, AMY M. GOOD, CAROLINE MCGRAW, BRIAN MCGRAW, SUZANNE RUTH LAVELL HEIRS, ADAM HICKS, RANDY HICKS, KENNETH JEFFERY MCGRAW, ANDREW ROSS MCGRAW, RICHARD KEITH MCGRAW, PATRICIA JANE MCGRAW HEIRS, JAN ALICIA SHUMATE, DORIS B. MCGRAW HEIRS, PAUL MCGRAW, JR. HEIRS, TRUSTEE OF THE JOHN MCGRAW REVOCABLE TRUST AGREEMENT DATED JANUARY 14, 1999, CHERYL GINA PALMER, JAMES RAYMOND MCGRAW, ELIZABETH MCGRAW FORTNER, UNKNOWN PERSONS/OWNERS, AND SHERILL PARKER, SHERIFF OF WYOMING COUNTY, WEST VIRGINIA
Notice is hereby given to Darrell V. McGraw, Jr., Warren R. McGraw, Brian Timothy McGraw, Mark Jerome McGraw, Paul T. McGraw Heirs, Dennis K. McGraw, Patrick B. McGraw, Jeanine M. Madison, Amy M. Good, Caroline McGraw, Brian McGraw, Suzanne Ruth Lavell Heirs, Adam Hicks, Randy Hicks, Kenneth Jeffery McGraw, Andrew Ross McGraw, Richard Keith McGraw, Patricia Jane McGraw Heirs, Jan Alicia Shumate, Doris B. McGraw Heirs, Paul McGraw, Jr. Heirs, Trustee of the John McGraw Revocable Trust Agreement dated January 14, 1999, Cheryl Gina Palmer, James Raymond McGraw, Elizabeth McGraw Fortner, Unknown Persons/Owners, and Sherill Parker, Sheriff of Wyoming County, West Virginia (hereinafter sometimes referred to as “the aforementioned respondents”), that, pursuant to W. Va. Code § 54-1-1, et seq., and § 54-2-1, et seq., and all applicable West Virginia statutes, a hearing to determine just compensation will be held on April 2, 2025, at 1:30 p.m., in this action in the Circuit Court of Wyoming County, West Virginia, before Judge Joshua J. Miller in relation to a Petition for Condemnation/Right of Entry, which was filed and granted in the Circuit Court of Wyoming County, West Virginia, and is known as Civil Action No. 20-C-12, and styled Appalachian Power Company v. Darrell V. McGraw, Jr., et al.
Said just compensation hearing will address real 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 Appalachian Power Company situate on the Waters of Milam Fork, Slab Fork District, Wyoming County, West Virginia, containing 44.48 acres and identified as Tax Map 114, Parcel 2, and recorded in the office of the Clerk of the County Commission of Wyoming County, West Virginia, in Deed Book 325, at page 230, and being more particularly bounded and described as follows:
44.48 (S) MILAM FORK
TRACT NO. THREE:
A 44.48 acre tract of land conveyed to James H.
McGraw as set forth in Tract No. One hereinabove,
and being also described as a 44.48 acre tract
currently charged to James H. McGraw on the
Land Books of Wyoming County, West Virginia.
The aforementioned respondents are hereby notified a copy of said Petition for Condemnation/Right of Entry may be obtained from the Wyoming County Circuit Clerk’s office at Wyoming County Courthouse, 24 Main Avenue, Pineville, West Virginia, 24874, for the purposes of appearing and defending. The said Petition for Condemnation/Right of Entry may also be obtained from the attorneys for Appalachian Power Company, 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, at the said hearing to determine just compensation previously scheduled for February 12, 2025, at 2:30 p.m., and rescheduled to occur on April 2, 2025, at 1:30 p.m., in the Circuit Court of Wyoming County, West Virginia, located at Wyoming County Courthouse, 24 Main Avenue, Pineville, West Virginia, 24874, before the Honorable Joshua J. Miller and Commissioners, you may appear for hearing and presentation of evidence, and are notified that any failure to appear and/or present evidence may result in the waiver of any and all defenses or claims, if any, you may have regarding just compensation or otherwise in this action.
Entered by the Clerk of said Court on this 21st day of February, 2025.
DAVID STOVER
WYOMING COUNTY CIRCUIT CLERK
By: Tony Paynter
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
Clarksburg, West Virginia 26302-0128
(304) 326-5314
Attorneys for Petitioner
E-FILED | 2/21/2025 11:41 AM
CC-55-2020-C-12