IN THE CIRCUIT COURT OF RALEIGH COUNTY,
WEST VIRGINIA
AEP WEST VIRGINIA TRANSMISSION
COMPANY, INC., a West Virginia corporation,
Petitioner,
vs.
JIM TRAVIS TOLLIVER AKA JIM TOLLIVER, JESSICA RENEE TOLLIVER, PIONEER COMMUNITY BANK, UNKNOWN PERSONS/OWNERS and SCOTT F. VANMETER, SHERIFF OF RALEIGH COUNTY, WEST VIRGINIA,
Respondents.
Civil Action No. CC-41-2022-C-354
Hon. Darl Poling
LEGAL NOTICE OF
PUBLICATION AND NOTICE TO APPEAR ON JANUARY 11, 2023, AT 9:00 A.M.
TO: RESPONDENTS, JIM TRAVIS TOLLIVER AKA JIM TOLLIVER, JESSICA RENEE TOLLIVER, PIONEER COMMUNITY BANK, UNKNOWN PERSONS / OWNERS, AND SCOTT F. VANMETER, SHERIFF OF RALEIGH COUNTY, WEST VIRGINIA
Notice is hereby given to Jim Travis Tolliver aka Jim Tolliver, Jessica Renee Tolliver, Pioneer Community Bank, Unknown Persons/Owners, and Scott F. VanMeter, Sheriff of Raleigh County, West Virginia (hereinafter sometimes referred to as “the aforementioned respondents”), that a Petition for Condemnation/Right of Entry has been filed in the Circuit Court of Raleigh County, West Virginia, and is known as Civil Action No. CC-41-2022-C-354, and styled AEP West Virginia Transmission Company, Inc. vs. Jim Travis Tolliver aka Jim Tolliver, et al.
Said Petition for Condemnation/Right of Entry under the West Virginia laws of eminent domain seeks 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 AEP West Virginia Transmission Company, Inc. situate on the waters of Dingess Branch in Trap Hill District, Raleigh County, West Virginia, identified as Tax Maps 8 and 3, Parcels 51, 51.1, and 33, and recorded in the office of the Clerk of the County Commission of Raleigh County, West Virginia, in Deed Book 5068, at page 1727, and being the surface of the three (3) tracts of land more specifically bounded and described as follows:
SUR 194 AC + 114
P15 DINGESS BR
RESIDENCE
2.57 AC DINGESS
SUR 58 AC
DINGESS BR
FIRST TRACT: A tract of land containing 198 acres, more or less, including oil and gas, but excepting coal and other minerals, and also excepting 4 acres and 46 poles heretofore conveyed away by Crockett Mankin and wife to George Robinson, and more particularly set forth in a deed of record in the Office of the Clerk of the County Commission of Raleigh County, West Virginia, in Deed Book 57, at page 93.
There is EXCEPTED and RESERVED from the aforementioned tract a 4 acre tract of surface land conveyed to Curt James Tolliver by deed dated the 5th day of January, 2012.
SECOND TRACT: A tract of 58 acres, more or less, subject to a 2 ½ by 2 ½ rod graveyard, and subject to that certain reservation of coal, minerals and mining rights and privileges set forth in that certain deed made by Albert Robinson to Crockett Mankin, dated the 7ht day of January, 1907, and of record in the aforesaid County Clerk’s Office in Deed Book 37, at page 89.
THIRD TRACT: All of the surface and timber in 2.57 acres of land.
The aforementioned respondents are hereby notified a copy of said Petition for Condemnation/Right of Entry may be obtained from the Raleigh County Circuit Clerk’s office at the Raleigh County Judicial Center, 222 Main Street, Beckley, West Virginia, 25801, for the purposes of appearing and defending. The Petition for Condemnation/Right of Entry may also be obtained from the attorneys for AEP West Virginia Transmission Company, Inc., Stephen F. Gandee, 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 a hearing on the said Petition for Condemnation/Right of Entry will occur on January 11, 2023, at 9:00 a.m., by Teams, by the Circuit Court of Raleigh County, West Virginia, located at the Raleigh County Judicial Center, 222 Main Street, Beckley, West Virginia, 25801, before the Honorable Darl Poling. You may appear and participate for hearing as stated above, and are notified that any failure to appear may result in the waiver of any defenses or claims, if any, you may have. Should you desire to participate, you may obtain the access information from the Court’s secretary by calling (304) 255-0400 and identifying this case number, hearing date, and time.
Entered by the Clerk of said Court on this 18th day of November, 2022.
PAUL FLANAGAN
RALEIGH COUNTY
CIRCUIT CLERK
Deputy Clerk
Submitted by:
/s/ Stephen F. Gandee Douglas C. McElwee
(W. Va. State Bar I.D.: 2449)
Stephen F. Gandee
(W. Va. State Bar I.D.: 5204)
Post Office Box 1791
Charleston, West Virginia 25326
(304) 347-8310
Attorneys for Petitioner