IN THE CIRCUIT COURT OF RALEIGH COUNTY,
WEST VIRGINIA
CASE NO.: 23-C-123
WEST VIRGINIA DEPARTMENT OF TRANSPORTATION, DIVISION OF HIGHWAYS,
Petitioner,
PROJECT NO.: X341-ZWA/Y-6.22 02; STP-0019(430)D PARCEL NO.: 11-1, 11-2 UNKNOWN HEIRS OF JAMES ROBERT BENNETT a/k/a “J.R. Bennett,” deceased; UNKNOWN HEIRS OF HELEN MARIE BENNETT DILLION, deceased; UNKNOWN HEIRS OF PATRICIA D. BENNETT TOLLIVER, deceased; EVERETT WETZEL BENNETT, an individual; JOHN K. TAYLOR, an individual; SUZANN L. DUNBAR, an individual; JUDITH ELAINE SIMMONS VALLANDINGAM, an individual; ROBERT STEVEN BENNETT, an individual; DENNIS LEE BENNETT, an individual; MARGARET ELLEN BOOTH, an individual; BRIAN WILLIAM BENNETT, an individual; 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-6.22 02; STP-0019(430)D, the property proposed to be condemned being a part of Parcel No. 11-1 and 11-2 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: PARCEL 11-1 TRACT 1 – NONCONTROLLED ACCESS RIGHT OF WAY BEGINNING at a point in the division line between Beaver Coal Company, Limited and Heirs of J.R. Bennett, et al., said point being in the eastern existing right of way line of US Route 19 and 116 feet left of and at right angle to relocated US Route 19 centerline at Station 302+14, Project X341-ZWA/Y-6.22 02, STP-0019(430)D, Raleigh County, West Virginia; thence, northwesterly, meandering with said existing right of way line 250 feet, more or less, to a point in the division line between a point common to Heirs of J.R. Bennett, et al., an Unknown Owner and Heirs of J.R. Bennett, et al., said point being 181 feet left of and at right angle to centerline at Station 304+55; thence, northeasterly, with said division line between an Unknown Owner and Heirs of J.R. Bennett, et al. 28 feet, more or less, to a point 154 feet left of and at right angle to centerline at Station 304+63; thence, northwesterly, continuing with said division line 211 feet, more or less, to a point common to an Unknown Owner, Harold K. Lilly II, et al., and Heirs of J.R. Bennett, et al., said point being 215 feet radially left of centerline at Station 306+65; thence, northwesterly, with said division line between Harold K. Lilly II, et al., and Heirs of J.R. Bennett, et al. 19 feet, more or less, to a point in the western proposed noncontrolled access right of way line of relocated US Route 19, said point being 220 feet radially left of centerline at Station 306+83; thence, northerly, with said proposed noncontrolled access right of way line 67 feet, more or less, to a point in the division line between Beaver Coal Company, Limited and Heirs of J.R. Bennett, et al., said point being 162 feet radially left of centerline at Station 307+16; thence, southeasterly, with said division line 76 feet, more or less, to a point 142 feet left of and at right angle to centerline at Station 306+44; thence, easterly, continuing with said division line 182 feet, more or less, to a point 16 feet left of and at right angle to centerline at Station 305+13; thence, southerly, continuing with said division line 60 feet, more or less, to a point 41 feet left of and at right angle to centerline at Station 304+58; thence, southerly, continuing with said division line 129 feet, more or less, to a point 128 feet left of and at right angle to centerline at Station 303+63; thence, southeasterly, continuing with said division line 148 feet, more or less, to a point 89 feet left of and at right angle to centerline at Station 302+21; thence, southwesterly, continuing with said division line 29 feet, more or less, to the place of beginning and containing 37,600 square feet (0.86 acres), more or less. PARCEL 11-1 TRACT 2 – PERMANENT CHANNEL CHANGE 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 permanent channel change easement line of relocated Little Beaver Creek and 220 feet radially left of relocated US Route 19 centerline at Station 306+83, Project X341-ZWA/Y-6.22 02, STP-0019(430)D, Raleigh County, West Virginia; thence, northwesterly, with said proposed permanent channel change easement line 50 feet, more or less, to a point in the division line between Sean Mitchell Lilly, et ux. and Heirs of J.R. Bennett, et al., said point being 225 feet radially left of centerline at Station 307+31; thence, northeasterly, with said division line 56 feet, more or less, to a point common to Sean Mitchell Lilly, et ux., Beaver Coal Company, Limited and Heirs of J.R. Bennett, et al., said point being 171 feet radially left of centerline at Station 307+47; thence, southeasterly, with said division line between Beaver Coal Company, Limited and Heirs of J.R. Bennett, et al. 33 feet, more or less, to a point in the proposed noncontrolled access right of way line, said point being 162 feet radially left of centerline at Station 307+16; thence, southerly, with said proposed noncontrolled access right of way line 67 feet, more or less, to the place of beginning and containing 2,427 square feet (0.06 acres), more or less. The tracts of land hereinabove described are a portion of that same real estate conveyed unto J. R. Bennett and Ora Bennett, his wife, from Albert McCormack and Rosella L. McCormack, his wife, by deed dated September 10, 1951, of record in the Office of the Clerk of the County Commission of Raleigh County, West Virginia, in Deed Book 105, at Page 368. The interests of said property were divided amongst the seven heirs of James Robert Bennett, also known as J.R Bennett, as noted in the Fiduciary Record of James Robert Bennett, of record in the aforesaid Clerk’s Office, in Book 38, at Page 100. The status of these divided interests is not fully known, as records are incomplete. PARCEL 11-2 TOTAL TAKE – NONCONTROLLED ACCESS RIGHT OF WAY BEGINNING at a point common to an Unknown Owner, Heirs of J.R. Bennett, et al. and Heirs of J.R. Bennett, et al., said point being in the eastern existing right of way line of US Route 19 and 181 feet left of and at right angle to relocated US Route 19 centerline at Station 304+55, Project X341-ZWA/Y-6.22 02, STP-0019(430)D, Raleigh County, West Virginia; thence, southwesterly, meandering with said existing right of way line 40 feet, more or less, to a point 219 feet left of and at right angle to centerline at Station 304+45; thence, northwesterly, meandering with said existing right of way line 218 feet, more or less, to a point in the division line between Heirs of Newton Pittman and Heirs of J.R. Bennett, et al., said point being 291 feet left of and at right angle to centerline at Station 306+51; thence, northeasterly, with division line 41 feet, more or less, to a point common to Heirs of Newton Pittman, Harold K. Lilly II, et al., an Unknown Owner, and Heirs of J.R. Bennett, et al., said point being 250 feet left of and at right angle to centerline at Station 306+55; thence, southeasterly, with said division line between an Unknown Owner and Heirs of J.R. Bennett, et al. 211 feet, more or less, to the place of beginning and containing 8,011 square feet, more or less. The tract of land hereinabove described is a portion of that same real estate conveyed unto J. R. Bennett and Ora Bennett, his wife, from Albert McCormack and Rosella L. McCormack, his wife, by deed dated September 10, 1951, of record in the Office of the Clerk of the County Commission of Raleigh County, West Virginia, in Deed Book 105, at Page 368. The interests of said property were divided amongst the seven heirs of James Robert Bennett, also known as J.R Bennett, as noted in the Fiduciary Record of James Robert Bennett, of record in the aforesaid Clerk’s Office, in Book 38, at Page 100. The status of these divided interests is not fully known, as records are incomplete. The above-named Respondents are hereby notified: 1. that the above-styled condemnation proceeding was instituted in the Circuit Court of Raleigh County on or about April 7, 2023, to take and appropriate the above-described property for the purposes aforesaid; 2. that you may serve upon James E. Garvin, 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 the 25th day of April, 2023 at 10:45 a.m. before the Honorable Judge Poling of Raleigh County via Microsoft TEAMS 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 10th day of April, 2023.
THE WEST VIRGINIA
DEPARTMENT OF
TRANSPORTATION,
DIVISION OF HIGHWAYS,
By Counsel,
/s/ James Garvin
James E. Garvin,
WV State Bar #1350
West Virginia Division of Highways Legal Division,
Room A-517, Building 5
1900 Kanawha Boulevard East Charleston, West Virginia
25305-0430
(304) 558-2823
Fax: (304) 558-3035
Counsel for Petitioner