IN THE CIRCUIT COURT OF
WYOMING COUNTY,
WEST VIRGINIA
WEST VIRGINIA DEPARTMENT
OF TRANSPORTATION,
DIVISION OF HIGHWAYS,
Petitioner,
v. CASE NO.: 25-C-29
PROJECT NO.:
X355-121-1.09 00;
NHPP-2022(041)D
PARCEL NOS. 33-1
and 33-2
Judge Miller
JEFFREY A. ENGLAND, an individual; FRONTIER WEST VIRGINIA INC., a West
Virginia corporation;
APPALACHIAN POWER
COMPANY, a Virginia
Corporation; WPP, LLC,
a Delaware limited liability
company; DIAMONDBACK
E&P LLC, a Delaware limited
liability company; KERR-
MCGEE, OIL AND GAS
ONSHORE LP, a Delaware
limited partnership; BLACK DIAMOND POWER COMPANY, a West Virginia corporation; EASTERN WYOMING PUBLIC SERVICE DISTRICT, a public utility; LOGAN COUNTY
PUBLIC SERVICE DISTRICT, a public utility; ALPHA LAND
AND RESERVES, LLC, a
Delaware limited liability company; CITY OF MULLENS SANITARY BOARD, a
municipal utility; and the
SHERIFF OF WYOMING
COUNTY, WEST VIRGINIA
Respondents.
ORDER OF PUBLICATION
To the Above-Named Respondents and other lawful claimants:
The object of the above-styled proceeding is to condemn certain property of the Respondents, or in which the Respondents have an interest, for public use as a part of the State Road System of West Virginia, as part of the Project “WV 16 Mullens,” designated as Project No. X355-121-1.09 00 NHPP-2022(041)D, which will become part of the state road system under the control and jurisdiction of the Petitioner, pursuant to W.Va. Code§ 17-2A-8, and will be used for public road purposes, will be maintained by DOH, and will be of benefit to the general public, the property proposed to be condemned being a part of Parcel Nos. 33-1 and 33-2, as designated in the set of plans or maps for the project available for review in the DOH offices of District 10 located in Princeton, West Virginia.
The property to be condemned for the purpose aforesaid is more particularly described as follows:
PARCEL 33-1
TRACT 1 – CONTROLLED
ACCESS RIGHT OF WAY
BEGINNING at a point in the western existing right of way line of Wyoming County Route 54/3, said point being in the eastern existing right of way line of West Virginia State Route 54 and 44 feet left of and at a right angle to proposed Coalfields Expressway centerline at Station 5402+01, Project No. X355-121-1.09 00, Wyoming County, West Virginia;
thence, northwesterly, with said existing right of way line 61 feet, more or less, to a point 95 feet left of and at a right angle to proposed Coalfields Expressway at Station 5401 +67
thence, northeasterly, continuing with said existing right of way line 25 feet, more or less, to a point in the western proposed controlled access right of way line of proposed Coalfields Expressway, said point being 120 feet left of and at a right angle to proposed Coalfields Expressway at Station 5401+ 73;
thence, S75°14’08”E, with said proposed controlled access right of way line, parallel to centerline, 45 feet to a point in the western existing right of way line of County Route 54/3, said point being 120 feet left of and at a right angle to proposed Coalfields Expressway at Station 5402+18;
thence, southwesterly, with the meanders of said existing right of way line 77 feet, more or less, to the place of beginning and containing 2,262 square feet, (0.05 acre), more or less.
TRACT 2 – TEMPORARY
CONSTRUCTION EASEMENT
BEGINNING at a point in the western proposed controlled access right of way line of proposed Coalfields Expressway, said point being in the eastern existing right of way line of West Virginia State Route 54 and 120 feet left of and at a right angle to proposed Coalfields Expressway centerline at Station 5401+73, Project No. X355-121-1.09 00, Wyoming County, West Virginia;
thence, northeasterly, meandering with said existing right of way line 227 feet, more or less, to a point 342 feet left of and at a right angle to proposed Coalfields Expressway at Station 5402+20;
thence; northwesterly, with the meanders of said existing right of way line 23 feet, more or less, to a point in the western proposed temporary construction easement line, said point being 363 feet left of and at right angle to proposed Coalfields Expressway at Station 5402+10;
thence, northeasterly, with said proposed temporary construction easement line 131 feet, more or less, to a point 488 feet left of and at right angle to proposed Coalfields Expressway at Station 5402+44;
thence, northeasterly, continuing with said proposed temporary construction easement line 212 feet, more or less, to a point in the western proposed temporary construction easement line, said point being 700 feet left of and at right angle to proposed Coalfields Expressway at Station 5402+88;
thence, S75°14’08”E, with said proposed temporary construction easement line, parallel to centerline, 89 feet to a point in the western existing right of way line County Route 54/3, said point being 700 feet left of and at a right angle to proposed Coal fields Expressway at Station 5403+77;
thence, southerly, with the meanders of said existing right of way 605 feet, more or less, to a point in the western proposed controlled access line of proposed Coalfields Expressway, said point being 120 feet left of and at right angle to proposed Coalfields Expressway at Station 5402+18;
thence, N75°14‘08”W, with said proposed controlled access line, parallel to centerline, 45 feet to the place of beginning and containing 1.05 acres, more or less.
The tracts of land hereinabove described is a portion of that same real estate conveyed unto Jeffrey A. England with a life estate reserved to Norma England, from Norma England, widowed party of the second part, by deed dated April 29, 2011, of record in the Office of the Clerk of the County Commission of Wyoming County, West Virginia, in Deed Book 453 at Page 809.
The said Norma England died October 16, 2012, and her interest in said real estate became vested in Jeffrey A. England, her son.
PARCEL33-2
TRACT 1- NON-CONTROLLED ACCESS RIGHT OF WAY
BEGINNING at a point in the eastern existing right of way line of West Virginia State Route 54 and the eastern proposed non-controlled access right of way line, said point being in the western existing right of way line of Wyoming County Route 54/3 and 212 feet right of and at right angle to proposed Coalfields Expressway centerline at Station 5401+92, Project No. X355-121-1.09 00, Wyoming County, West Virginia;
thence, southerly, with the meanders of said existing right of way line 447 feet, more or less, to a point in the eastern proposed non-controlled access right of way line, said point being 650 feet right of and at right angle to proposed Coalfields Expressway centerline at Station 5402+89;
thence, N75°14’08”W, with said proposed non-controlled access right of way line, parallel to centerline, 144 feet, more or less, to a point in the eastern existing right of way line of WV State Route 54, said point being 650 feet right of and at right angle to proposed Coalfields Expressway centerline at Station 5401+45;
thence, northerly, with meanders of said existing right of way line and said proposed non-controlled access right of way line 295 feet, more or less to a point 355 feet right of and at right angle to proposed Coalfields Expressway centerline at Station 5401+45;
thence, northerly, continuing with said existing right of way line and said proposed non-controlled access right of way line 150 feet, more or less, to the place of beginning and containing 34,983 square feet (0.80 acres), more or less.
TRACT 2 -TEMPORARY
STRUCTURAL REMOVAL
EASEMENT
BEGINNING at a point in the eastern proposed temporary structural easement line, said point being in the eastern proposed non-controlled access right of way line of proposed Coalfields Expressway and 650 feet right of and at right angle to proposed Coalfields Expressway centerline at Station 5401+90;
thence, S75°14‘08”E, with said proposed non-controlled access right of way line, parallel to centerline, 99 feet, more or less, to a point in the western existing right of way line of County Route 54/3, said point being 650 feet right of and at right angle to proposed Coalfields Expressway centerline at Station 5402+89;
thence, southerly, with said existing right of way line 31 feet, more or less, to a point in the eastern proposed temporary structural removal easement line, said point being 680 feet right of and at right angle to proposed Coalfields Expressway centerline at Station 5402+98;
thence, westerly, with said proposed temporary structural removal easement line 96 feet, more or less, to a point 704 feet right of and at right angle to proposed Coalfields Expressway centerline at Station 5402+05;
thence, northerly, continuing with said proposed temporary structural easement line 56 feet, more or less, to the place of beginning and containing 4,174 square feet (0.10 acres), more or less.
The tracts of land hereinabove described is a portion of that same real estate conveyed unto Jeffrey A. England with a life estate reserved to Norma England, from Norma England, widowed party of the second part, by deed dated April 29, 2011, of record in the Office of the Clerk of the County Commission of Wyoming County, West Virginia, in Deed Book 453 at Page 809.
The said Norma England died October 16, 2012, and her interest in said real estate became vested in Jeffrey A. England, her son.
And it appearing that the aforesaid named Respondents may reside outside the State of West Virginia and/or the identity and addresses of certain named respondents are unknown to the Petitioner, the above-named respondents are hereby notified that the above-styled condemnation proceeding was instituted in this Court on March 18, 2025, to take and appropriate the above described property for the purposes aforesaid, in which the above-named Respondents may have an interest upon the payment of just compensation.
You are required to serve your answer within thirty (30) days; if you fail to do so, judgment by default may be taken against you for the relief demanded in the Petition and you will thereafter be barred from asserting in another action any claim you may have which may be asserted by counterclaim in the above-styled civil action. Further, after service upon you by publication in the manner prescribed by law, a hearing may be scheduled in this Court for the appointment of Commissioners to determine just compensation for the land taken and for damages to the residue, if any, and for all other proceedings to be held and had as may be proper, at which hearing you may appear to protect your interests in the property.
The above-named Respondents are hereby notified:
1. that the above-styled condemnation proceeding was initially in the Circuit Court of Wyoming County on or about March 18, 2025, to take and appropriate the above-described property for the purposes aforesaid;
2. that you may serve upon Robert W. Compton Esq., West Virginia Division of Highways, 1900 Kanawha Boulevard, East, Building 5, Room A-517, Charleston, West Virginia, 25305, an answer to the Petition filed herein;
3. that a copy of the Petition may be obtained from the Clerk of the Circuit Court of Wyoming County, West Virginia;
4. that a hearing to determine the right of the Petitioner to take, appropriate and use the above-described land will be held on June 11, 2025, at 2:00 p.m., in person, before the Honorable Judge Joshua Miller, at the Wyoming County Courthouse, 24 Cedar Ave, Pineville, WV 24874, or as soon thereafter as counsel may be heard;
5. that Commissioners 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
6. that any and all other proceedings may be held and had as may be proper, at which time and place you, and each of you, are hereby notified to be present to protect your interests in said proceeding.
Dated this 15th day of May, 2025.
ATTEST:
/S/ Tony Paynter
Clerk of the Circuit Court of Wyoming County, West Virginia
FILED | 5/15/2025 11:30 AM
CC-55-2025-C-29
Wyoming County Circuit Clerk
Tony Paynter