IN THE CIRCUIT COURT OF RALEIGH COUNTY,
WEST VIRGINIA
CASE NO.: 23-C-98
WEST VIRGINIA DEPARTMENT OF TRANSPORTATION, DIVISION OF HIGHWAYS,
Petitioner,
PROJECT NO.: X341-ZWA/Y-1.00 02; STP-0019(428)D PARCEL NO: 97 ERICA BLACK, an individual; KAYLA BLACK, an individual; JUSTIN BLACK, an individual; MACKENZIE BLACK, an individual; ANDREA MANNS, an individual; DONALD O. BLACK, an individual; ROBERT M. BLACK, an individual; JOEL FREDERICKSON, an individual; UNKNOWN HEIRS OF HARRIET JANE BLACK, deceased; UNKNOWN HEIRS OF KAREN J. BLACK, deceased; UNKNOWN HEIRS OF DAVID D. BLACK, deceased; SUZANNE G. JENKINS aka SUZANNE BLACK-JENKINS, an individual; KATHY A. CHILDS, an individual; THE LAMAR COMPANIES, a corporation; 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 roadway, 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. 97 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: Situate in the Shady Springs District, Raleigh County, West Virginia, and is described as follows: NONCONTROLLED ACCESS RIGHT OF WAY BEGINNING at a point in the western existing right of way line of US Route 19, said point being in the western proposed noncontrolled access right of way line of relocated US Route 19 and 83 feet left of and at right angle to relocated US Route 19 centerline at Station 237+63, Project X341-ZWA/Y-1.00 02, STP-0019(428)D, Raleigh County, West Virginia; thence, westerly, with said proposed noncontrolled access right of way line 83 feet, more or less, to a point in the eastern existing right of way line of Raleigh County Route 19/14 (Mathis Drive), said point being 161 feet left of and at right angle to centerline at Station 237+91; thence, northeasterly, meandering with said existing right of way line 240 feet, more or less, to a point in the western existing right of way line of US Route 19, said point being 49 feet left of and at right angle to centerline at Station 240+02; thence, southerly, meandering with said existing right of way line 55 feet, more or less, to a point 49 feet left of and at right angle to centerline at Station 239+47; thence, easterly, continuing with said existing right of way line 16 feet, more or less, to a point 34 feet left of and at right angle to centerline at Station 239+40; thence, southerly, continuing with said existing right of way line 83 feet, more or less, to a point 34 feet left of and at right angle to centerline at Station 238+57; thence, westerly, continuing with said existing right of way line 50 feet, more or less, to a point 84 feet left of and at right angle to centerline at Station 238+57; thence, southerly, continuing with said existing right of way line 94 feet, more or less, to the place of beginning and containing 10,021 square feet, more or less. The tract of land hereinabove described is a portion of that same real estate conveyed unto Harriet Jane Black, from NAJ, LLC, a West Virginia limited liability company, by quitclaim deed dated April 20, 2009, of record in the Office of the Clerk of the County Commission of Raleigh County, West Virginia, in Deed Book 5035, at Page 4379. The said Harriet Jane Black died testate on or about November 13, 2012, and devised unto her children, Donald O. Black, David D. Black, Robert M. Black, Karen J. Black, Suzanne G. Jenkins and Kathy A. Childs, interest in said real estate, by will dated February 4, 2010, of record in the aforesaid Clerk’s Office, in Will Book 5049, at Page 4551. The said David D. Black died testate on or about June 6, 2019, and devised unto Andrea Manns, Erica Black, Kayla Black, Justin Black, and Mackenzie Black, interest in said real estate by will dated March 27, 2019, of record in the aforesaid Clerk’s Office, in Will Book 5070, at Page 0184. The said Karen J. Black died testate on November 2, 2014, and devised unto her husband Joel Frederickson, interest in said real estate as referenced in Deed Book 5068, at Page 5701. The above-named Respondents are hereby notified: 1. that the above-styled condemnation proceeding was instituted in the Circuit Court of Raleigh County on March 29, 2023, to take and appropriate the above-described property for the purposes aforesaid; 2. that you may serve upon Lisa Balderson, 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 on April 18, 2023, at 1:30 p.m. before the Honorable Judge Dimlich at the Raleigh County Courthouse Annex, 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 29th day of March, 2023.
THE WEST VIRGINIA
DEPARTMENT OF
TRANSPORTATION,
DIVISION OF HIGHWAYS,
By Counsel, Lisa Balderson, WV State Bar #10386
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) 558-2823
Fax: (304) 558-3035
Counsel for Petitioner
ID: 696581