NOTICE
IN THE CIRCUIT COURT OF RALEIGH COUNTY, WEST VIRGINIA WEST VIRGINIA DEPARTMENT OF TRANSPORTATION, DIVISION OF HIGHWAYS,
Petitioner,
CASE NO.: 22-C-258
PROJECT NO.: X341-ZWA/Y-1.00 02; STP-0019(428)D PARCEL NO.: 69 HOMER LEE HILL; SHIRLEY ANN HILL; HEIRS OF LEE ROY MEADOWS; ELCO LUMBER COMPANY; APPALACHIAN POWER COMPANY; RALEIGH COUNTY SHERIFF/TREASURER;
Respondents.
NOTICE OF PUBLICATION
To the Above-Named Respondents and other lawful claimants:
The object of the above proceeding is to condemn certain property of the Respondents, or in which the Respondents have an interest, for public purposes for a right of way to improve traffic flow and ingress/egress, as part of the Project “Beckley Z-Way, Shady Spring to Beaver,” designated as Project No. X341-ZWA/Y-1.00 02; STP-0019(428)D, the property proposed to be condemned being a part of Parcel No. 69 of the Project, 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:
TRACT 1 – NONCONTROLLED ACCESS RIGHT OF WAY BEGINNING at a point in the division line between David Eugene Lilly, Jr., et ux. and Homer Lee Hill, et ux., said point being in the northern existing right of way line of West Virginia State Route 307 (Grandview Road) and 102 feet right of and at right angle to relocated US Route 19 centerline at Station 190+01, Project X341-ZWA/Y-1.00 02, STP-0019(428)D, Raleigh County, West Virginia; thence, westerly, meandering with said existing right of way line 81 feet, more or less, to a point in the eastern existing right of way line of Stone Avenue, said point being 60 feet right of and at right angle to centerline at Station 190+70; thence, northerly, meandering with said existing right of way line 47 feet, more or less, to a point in the eastern proposed noncontrolled access right of way line of relocated US Route 19, said point being 101 feet right of and at right angle to centerline at Station 190+91; thence, northeasterly, with said proposed noncontrolled access right of way line 63 feet, more or less, to a point 146 feet right of and at right angle to centerline at Station 190+47; thence, easterly, continuing with said proposed noncontrolled access right of way line 17 feet, more or less, to a point in the division line between David Eugene Lilly, Jr., et ux. and Homer Lee Hill, et ux., said point being 153 feet right of and at right angle to centerline at Station 190+32; thence, southerly, with said division line 60 feet, more or less, to the place of beginning and containing 4,352 square feet, more or less.
TRACT 2 – TEMPORARY STRUCTURE REMOVAL EASEMENT BEGINNING at a point in the eastern proposed temporary structure removal easement line of relocated US Route 19, said point being in the eastern proposed noncontrolled access right of way line of relocated US Route 19 and 146 feet right of and at right angle to relocated US Route 19 centerline at Station 190+47, Project X341-ZWA/Y-1.00 02, STP-0019(428)D, Raleigh County, West Virginia; thence, southwesterly, with said proposed noncontrolled access right of way line 63 feet, more or less, to a point in the eastern existing right of way line of Stone Avenue and in the proposed temporary structure removal easement line, said point being 101 feet right of and at right angle to centerline at Station 190+91; thence, northerly, meandering with said existing right of way line and with said proposed temporary structure removal easement line 14 feet, more or less, to a point 113 feet right of and at right angle to centerline at Station 190+98; thence, easterly, continuing with said proposed temporary structure removal easement line 60 feet, more or less, to the place of beginning and containing 415 square feet, more or less.
The tracts of land hereinabove described are portion of that same real estate conveyed unto Homer Lee Hill and Shirley Ann Hill, husband and wife, as joint tenants, and to his or her survivor, by the following two deeds:
(1) from Elco Lumber Company, a corporation, by deed dated December 9, 1977, of record in the Office of the Clerk of the County Commission of Raleigh County, West Virginia, in Deed Book 591, at Page 563.
(2) from Elco Lumber Company, a corporation, by deed dated April 21, 1978, of record in the aforesaid Clerk’s Office, in Deed Book 596, at Page 502.
The above-named Respondents are hereby notified:
1. that the above-styled condemnation proceeding was instituted in the Circuit Court of Raleigh County on August 4, 2022, to take and appropriate the above described property for the purposes aforesaid;
2. that you may serve upon Ashley D. Wright, 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 Raleigh County;
4. that a hearing to determine the right of the Petitioner to take, appropriate and use the above-described land will be held Tuesday, September 20, 2022, at 2:30 p.m. before the Honorable Judge Andrew Dimlich at the Raleigh County Courthouse, 222 Main Street, Beckley, West Virginia, or as soon thereafter as counsel may be heard;
5. that Land 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 5th day of August, 2022.
THE WEST VIRGINIA DEPARTMENT OF TRANSPORTATION, DIVISION OF HIGHWAYS,
By Counsel, _/s/ Ashley D. Wright
Ashley D. Wright,
WV State Bar #11724
West Virginia Division of Highways Legal Division,
Room A-517, Building 5 1900
Kanawha Boulevard East
Charleston, West Virginia
25305-0430
Counsel for Petitioner
(304) 558-9279
Fax: (304) 558-3035
[email protected]
Counsel for Petitioner
ID: 629067