IN THE CIRCUIT COURT OF
RALEIGH COUNTY,
WEST VIRGINIA
CASE NO.: 22-C-341
WEST VIRGINIA DEPARTMENT OF TRANSPORTATION, DIVISION OF HIGHWAYS,
Petitioner,
PROJECT NO.: X341-ZWA/Y-1.00 02; STP-0019(428)D PARCEL NO.: 148 HAROLD SNODGRASS; HORACE W. DECK, heirs and/or assigns in interest; FIRST COMMUNITY BANK, N.A.; 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. 148 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 western existing right of way line of US Route 19 and in the division line between Equity Trust Company and Harold Snodgress, said point being in the western proposed noncontrolled access right of way line of relocated US Route 19 and 33 feet radially left of relocated US Route 19 centerline at Station 288+49, Project X341-ZWA/Y-1.00 02, STP-0019(428)D, Raleigh County, West Virginia; thence, southwesterly, with said division line and with said proposed noncontrolled access right of way line 9 feet, more or less, to a point 41 feet radially left of centerline at Station 288+46; thence, northwesterly, continuing with said proposed noncontrolled access right of way line 281 feet, more or less, to a point 33 feet radially left of centerline at Station 291+31; thence, westerly, continuing with said proposed noncontrolled access right of way line 19 feet, more or less, to a point in the southern existing right of way line of Raleigh County Route 19/44 (DC Lilly Road), said point being 46 feet radially left of centerline at Station 291+46; thence, northeasterly, meandering with said existing right of way line 20 feet, more or less, to a point in the western existing right of way line of US Route 19, said point being 26 feet radially left of centerline at Station 291+47; thence, southeasterly, meandering with said existing right of way line 295 feet, more or less, the place of beginning and containing 3,534 square feet (0.08 acres), more or less.
TRACT 2 – TEMPORARY CONSTRUCTION EASEMENT BEGINNING at a point in the western proposed noncontrolled access right of way line of relocated US Route 19 and in the division line between Equity Trust Company and Harold Snodgress, said point being in the western proposed temporary construction easement line of relocated US Route 19 and 41 feet radially left of relocated US Route 19 centerline at Station 288+46, Project X341-ZWA/Y-1.00 02, STP-0019(428)D, Raleigh County, West Virginia; thence, southwesterly, with said division line and with said proposed temporary construction easement line 5 feet, more or less, to a point 45 feet radially left of centerline at Station 288+45; thence, northwesterly, continuing with said proposed temporary construction easement line 29 feet, more or less, to a point 45 feet radially left of centerline at Station 288+75; thence, northeasterly, continuing with said proposed temporary construction easement line 4 feet, more or less, to a point in the proposed noncontrolled access right of way line, said point being 41 feet radially left of centerline at Station 288+75; thence, southeasterly, with said proposed noncontrolled access right of way line 28 feet, more or less, to the place of beginning and containing 116 square feet (0.003 acres), more or less.
TRACT 3 – TEMPORARY CONSTRUCTION EASEMENT BEGINNING at a point in the western proposed noncontrolled access right of way line of relocated US Route 19, said point being in the western proposed temporary construction easement line of relocated US Route 19 and 33 feet radially left of relocated US Route 19 centerline at Station 291+31, Project X341-ZWA/Y-1.00 02, STP-0019(428)D, Raleigh County, West Virginia; thence, westerly, with said proposed temporary construction easement line 32 feet, more or less, to a point in the southern existing right of way line of Raleigh County Route 19/44 (DC Lilly Road), said point being 61 feet radially left of centerline at Station 291+45; thence, northeasterly, meandering with said existing right of way line 16 feet, more or less, to a point in the proposed noncontrolled access right of way line, said point being 46 feet radially left of centerline at Station 291+46; thence, easterly, with said proposed noncontrolled access right of way line 19 feet, more or less, to the place of beginning and containing 120 square feet (0.003 acres), more or less. The tracts of land hereinabove described are a portion of that same real estate conveyed unto Harold Snodgress, by the following two deeds: (1) from Dolly R. Johnson, single, and The William S. Johnson Trust, by James C. Higgins, John F. Rist III and Douglas T. Ramsden, Trustees, by deed dated July 6, 2006, of record in the Office of the Clerk of the County Commission of Raleigh County, West Virginia, in Deed Book 5023, at Page 0424. (2) from Charl L. Snodgress, wife of Harold Snodgress, by deed dated June 22, 2014, of record in the aforesaid Clerk’s Office, in Deed Book 5061, at Page 6614.
The above-named Respondents are hereby notified:
1. that the above-styled condemnation proceeding was instituted in the Circuit Court of Raleigh County on October 14, 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, December 6, 2022 at 9:00 a.m. before the Honorable Judge Poling via MICROSOFT TEAMS (please call the judge’s office to participate) 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 18th day of October, 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: 650634