NOTICE OF INTENT
TO CONDEMN
and
NOTICE OF CONDEMNATION HEARING
Town of Worthington Water Improvement Project
TO BE HELD
November 2, 2022 at 9:00 a.m.
Before Judge Donald R. Janes
Marion County Circuit Court CA# 22-P-42
To: UNKNOWN HEIRS OF OPAL BELL HAYES; and KNOWN AND UNKNOWN HEIRS OF
LAWRENCE G. HAYES AND
ANITA HAYES, Those known heirs being, WENDY LONGWELL, PAMELA DONIA, CYNTHIA MATHENY and UNKNOWN HEIRS OF JOHN HARKER
This matter pertains to the Town of Worthington’s right to an easement, in contemplation of the completion of an update to the water system for the Town of Worthington, on the property described as “1.05 ac Teverbaugh”, Assessor’s Tax Map 29 Parcel 14 in (11) Lincoln District of Marion County, West Virginia, and being part of that certain tract of four acres, more or less, which was owned by Opal Bell Hayes, Lawrence G. Hayes, and Chester V. Hayes, as tenants in common, by virtue of a deed dated August 12, 1974, of record in Deed Book No. 782 at page 532 from R. D. Thompson, widower and unremarried. Thereafter, by deed dated August 17, 1992, of record in Deed Book No. 904 at page 1031, a certain 2.95-acre portion of the said four-acre tract was conveyed away, leaving remaining 1.05 acres, more or less.
By deed dated August 17, 1992, of record in Deed Book No. 904 at page 1028, the said Chester V. Hayes and Roxane Hayes, his wife, conveyed all of their right, title, and interest, being an undivided 1/3rd interest in and to the remaining 1.05 acres to the said Opal Belle Hayes, single, Lawrence G. Hayes and Anita Hayes, his wife, all as joint tenants with the right of survivorship.
Thus, as of that conveyance, Opal Bell Hayes owned 1/9th as a joint tenant with Lawrence G. Hayes and Anita Hayes, his wife, and her original 1/3 as a tenant in common. Lawrence and Anita Hayes owned 2/9ths as joint tenants with Opal Bell Hayes and Lawrence owned his original 1/3 as a tenant in common with Opal Bell Hayes.
Thereafter, it is believed Opal Belle Hayes died in 1993, intestate, a resident of Worthington, West Virginia, and without estate administration of record in Marion County. The heirs of Opal Hayes are unknown.
The said Lawrence G. Hayes died intestate, a resident of Marion County, West Virginia on December 17, 2009, survived by his wife, Anita Hayes, and his two daughters, Wendy Longwell and Pamela Donia, his heirs at law, in whom would have vested the undivided 1/3 interest of which he died seized and possessed, according to Affidavit of Heirship of record in Marion County in Fiduciary Book No. 39 at page 734.
The 1/3 interest held by Opal Belle Hayes, single, Lawrence G. Hayes and Anita Hayes, his wife, all as joint tenants with the right of survivorship, conveyed to them in 1992 by Chester V. Hayes and his wife, vested in the said Anita Hayes, as the last surviving joint tenant.
The said Anita Jane Hayes died March 22, 2018, and, according to Affidavit of Heirship of record in Marion County in Fiduciary Book No. 39 at page 735, her 1/3 interest, which she obtained as the last surviving joint tenant in the deed from Chester V. Hayes, and her share of the 1/3rd interest which passed to her as one of the heirs of Lawrence G. Hayes is said to have passed to her children, Wendy Longwell, Pamela Donia, Cynthia Matheny and John Harker.
The said John Harker died intestate on January 8, 2021, a resident of Marion County, apparently intestate and without estate administration of record in Marion County. The heirs of John Harker are unknown.
Dunn Engineers, Inc. is the engineer for the Town of Worthington for this water project. Personnel from Dunn Engineers, Inc. and their agents and contractors will be entering upon the property in the near future for the purpose of examining the same, surveying and laying out the lands, ways and easements, and acquiring data and information, and such persons may bring necessary or desirable machinery, equipment, and tools upon your property, to make thereon such surveys, inspections, examinations, investigations, tests, soundings, and drillings which are deemed necessary or desirable. Dunn Engineers, Inc., its agents, and contractors will also be digging on the said property and installing and laying within the said property new water lines in relation to the requested easement. The entry upon the property may include land surveying, drilling, geophysical surveying, and archaeological surveying.
Notice is hereby provided to you that the Town of Worthington intends to exercise its right of entry and condemnation and any challenges to said right of entry and condemnation must be made promptly.
Notice is further provided to you that a hearing on this matter has been scheduled for November 2, 2022 at 9:00 a.m. before Judge Donald R. Janes, Marion County Circuit Court.
October 5, 2022 Jeffrey D. Van Volkenburg,
Esquire
Counsel for the
Town of Worthington
Times: October 8, 15, 2022
ID: 646681