IN THE CIRCUIT COURT OF
FAYETTE COUNTY,
WEST VIRGINIA
Civil Action No. CC-10-2023-C-48
Hon. Paul M. Blake, Jr.
AEP WEST VIRGINIA TRANSMISSION COMPANY, INC., a West Virginia corporation,
Petitioner,
vs.
DANIEL B. BENDA, JR., BRUCE P. BENDA, FRONTIER WEST VIRGINIA, INC., LEXINGTON COAL COMPANY, LLC, UNKNOWN PERSONS/OWNERS and MICHAEL FRIDLEY, SHERIFF OF FAYETTE COUNTY, WEST VIRGINIA,
Respondents.
LEGAL NOTICE OF
PUBLICATION AND NOTICE TO APPEAR ON JULY 24, 2023, AT 2:30 P.M., WHICH
RESCHEDULES
A HEARING ORIGINALLY SET FOR JUNE 1, 2023, AT 10:00 A.M.
TO: RESPONDENTS, DANIEL B. BENDA, JR., BRUCE P. BENDA, FRONTIER WEST VIRGINIA, INC., LEXINGTON COAL COMPANY, LLC, UNKNOWN PERSONS/OWNERS, AND MICHAEL FRIDLEY, SHERIFF OF FAYETTE COUNTY, WEST VIRGINIA
Notice is hereby given to Daniel B. Benda, Jr., Bruce P. Benda, Frontier West Virginia, Inc., Lexington Coal Company, LLC, Unknown Persons/Owners, and Michael Fridley, Sheriff of Fayette 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 Fayette County, West Virginia, and is known as Civil Action No. CC-10-2023-C-48, and styled AEP West Virginia Transmission Company, Inc. vs. Daniel B. Benda, Jr., 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, lying, and being in Valley District, Fayette County, West Virginia, and identified as Tax Map 37, Parcel 27.2, and recorded in Deed Book No. 817, at page 601, in the office of the Clerk of the County Commission of Fayette County, West Virginia, and bounded and described as follows:
TRACT ONE
BEGINNING at marker 333 (a pipe filled with concrete and an aluminum cap) on U.S. Route 60, tp OC23 past BMJ 203 (disk) with the right of way of U. S. Route 60 approximately 2,282 feet to marker 339; thence approximately 250 feet NE to marker 338,; thence approximately 1,030 feet following the boundary of Penn Va. Operating Co. to a rebar at corner; thence about 1,962 ½ feet NW to marker 302 following the SW boundary of Domingo and West Virginia Environmental Services, Inc. (Michael Graves), property to Lot 175; thence following the SW boundary of Lot 175 to marker 335; thence in a straight line to marker 334; thence, in a straight line to the point of beginning.
The aforementioned respondents are hereby notified a copy of said Petition for Condemnation/Right of Entry may be obtained from the Fayette County Circuit Clerk’s office at 100 North Court Street, Fayetteville, West Virginia, 25840, 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 July 24, 2023, at 2:30 p.m., in the Circuit Court of Fayette County, West Virginia, located at 100 North Court Street, Fayetteville, West Virginia, 25840, before the Honorable Paul M. Blake, Jr. You may appear 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.
Entered by the Clerk of said Court on this 28th day of June, 2023.
CATHY JARRETT
FAYETTE COUNTY
CIRCUIT CLERK
By: 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
E-FILED | 6/28/2023 3:05 PM
CC-10-2023-C-48