IN THE CIRCUIT COURT OF
RALEIGH COUNTY,
WEST VIRGINIA
CASE NO.: 23-C-262
WEST VIRGINIA DEPARTMENT OF TRANSPORTATION, DIVISION OF HIGHWAYS,
Petitioner,
PROJECT NO.: S341-09-0.04
PARCEL NO.: 1 v. LAWRENCE HOMES, INC., owner; INTERNAL REVENUE SERVICE, lienholder; WEST VIRGINIA TAX DEPARTMENT, lienholder; SHADY SPRINGS PUBLIC SERVICE DISTRICT; and the SHERIFF OF RALEIGH COUNTY, WEST VIRGINIA,
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. S341-09-0.04, the property proposed to be condemned being a part of Parcel No. 1 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: PERMANENT DRAINAGE EASEMENT BEGINNING at a point in the western existing right of way line of Raleigh County Route 9 (Orchard Hill Road) and in the division line between Shane Joseph Picha and Anthony Hunter Greco and Lawrence Homes Inc., said point being in the southern permanent drainage easement line and 15 feet radially left of relocated Raleigh County Route 9 centerline at Station 1+85, Project: S341-09-0.04, Orchard Hill Road, Raleigh County, West Virginia; thence, northwesterly, with said division line and with said permanent drainage easement line, 10 feet, more or less, to a point, 25 feet radially left of the centerline at Station 1+85; thence, northeasterly, leaving said division line and following the permanent drainage easement line, 95.5 feet, more or less, to a point 23 feet radially left of centerline at Station 2+81; thence, northeasterly, continuing with said permanent drainage easement line 39 feet, more or less, to a point 23 feet radially left of centerline at Station 3+21; thence, northeasterly, continuing with said permanent drainage easement line 47 feet, more or less, to a point, said point being 23 feet radially left of centerline at Station 3+66; thence, northeasterly, continuing with said permanent drainage easement line 24.8 feet, more or less, to a point in the division line between Lawrence Homes Inc. and Lynelle C. Lewis, said point being 23 feet radially left of centerline at Station 3+89; thence, southeasterly, with said division line, 8 feet, more or less to a point in the western existing right of way line of Raleigh County Route 9, said point being 15 feet radially left of centerline at Station 3+88; thence, southwesterly, meandering with said existing right of way line, 204 feet, more or less to the place of beginning and containing 1,727 square feet or 0.040 acre, more or less.
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 August 11, 2023, to take and appropriate the above-described property for the purposes aforesaid; 2. that you may serve upon Ashley D. Wright, 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 27th day of September, 2023 at 1:30 p.m. before the Honorable Judge Dimlich of Raleigh County 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 14th day of Auugst, 2023.
THE WEST VIRGINIA
DEPARTMENT OF
TRANSPORTATION,
DIVISION OF HIGHWAYS,
By Counsel, /s/ Brandon A. Chinn
Brandon A. Chinn,
WV State Bar #14359
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