IN THE CIRCUIT COURT OF MCDOWELL COUNTY,
WEST VIRGINIA
Civil Action No. CC-27-2022-C-29
Hon. Edward Kornish
APPALACHIAN POWER
COMPANY,
a Virginia corporation,
Petitioner,
vs.
SHIRLEY OWENS’ UNKNOWN HEIRS, JAMES H. OWENS, RANDY L. OWENS, SUSAN A. OWENS, CHRISTOPHER OWENS, UNKNOWN PERSONS/OWNERS and MARTIN WEST, SHERIFF OF MCDOWELL COUNTY, WEST VIRGINIA,
Respondents.
LEGAL NOTICE OF
PUBLICATION AND
NOTICE TO APPEAR
ON NOVEMBER 8, 2023,
AT 3:00 P.M., FOR JUST
COMPENSATION HEARING
TO: RESPONDENTS, SHIRLEY OWENS’ UNKNOWN HEIRS, JAMES H. OWENS, RANDY L. OWENS, SUSAN A. OWENS, CHRISTOPHER OWENS, UNKNOWN PERSONS/OWNERS, AND MARTIN WEST, SHERIFF OF MCDOWELL COUNTY, WEST VIRGINIA
Notice is hereby given to Shirley Owens’ Unknown Heirs, James H. Owens, Randy L. Owens, Susan A. Owens, Christopher Owens, Unknown Persons/Owners, and Martin West, Sheriff of McDowell County, West Virginia (hereinafter sometimes referred to as “the aforementioned respondents”), that, pursuant to W. Va. Code § 54-1-1, et seq., and § 54-2-1, et seq., and all applicable West Virginia statutes, a hearing to determine just compensation will be held on November 8, 2023, at 3:00 p.m., in this action in the Circuit Court of McDowell County, West Virginia, before Judge Edward J. Kornish in relation to a Petition for Condemnation/Right of Entry, which was filed and granted in the Circuit Court of McDowell County, West Virginia, and is known as Civil Action No. CC-27-2022-C-29, and styled Appalachian Power Company vs. Shirley Owens’ Unknown Heirs, et al. An Order of Right of Entry was entered on July 8, 2022, in the records of the Circuit Clerk of McDowell County, West Virginia, and an Order Setting Commissioners’ Hearing to Determine Just Compensation on November 8, 2023, at 3:00 p.m., was entered on August 16, 2023.
Said just compensation hearing will address real 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 Appalachian Power Company situate, lying, and being on Otter Branch of Dry Fork of Tug River in Sandy River District, McDowell County, West Virginia, identified as Tax Map 225, Parcel 1, and recorded in the office of the Clerk of the County Commission of McDowell County, West Virginia, in Deed Book 493, at page 343, and being more specifically bounded and described as follows:
35 AC SURF OTTER BR DRY FORK
That certain parcel of surface land on Otter Branch of Dry Fork River, and BEGINNING at a hickory, near an oak tree, in the gap in the line of the three hundred acre tract of Samuel Steele; thence running up the ridge with the line of the Samuel Steele to a double dogwood tree; thence leaving said line and running down the spur in an easterly direction to a wahoo, near a hollow cucumber; thence in a northeasterly direction to a chestnut oak, near a water oak, on top of the ridge; thence running to the place of BEGINNING, and consisting of a parcel of surface land of thirty-five acres, more or less.
The aforementioned respondents are hereby notified a copy of said Petition for Condemnation/Right of Entry and Order of Right of Entry may be obtained from the McDowell County Circuit Clerk’s office at 90 Wyoming Street, Suite 201, Welch, West Virginia, 24801, for all purposes, including appearing and defending. The said Order of Right of Entry and Petition for Condemnation/Right of Entry may also be obtained from the attorneys for Appalachian Power Company, 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, at the said hearing to determine just compensation on November 8, 2023, at 3:00 p.m., in the Circuit Court of McDowell County, West Virginia, located at 90 Wyoming Street, Suite 201, Welch, West Virginia, 24801, before the Honorable Edward J. Kornish and Commissioners, you may appear for hearing and presentation of evidence, and are notified that any failure to appear and/or present evidence may result in the waiver of any and all defenses or claims, if any, you may have regarding just compensation or otherwise in this action.
Entered by the Clerk of said Court on this 18th day of August, 2023.
FRANCINE SPENCER
MCDOWELL 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 25324
(304) 347-8310
Attorneys for Petitioner
E-FILED | 8/18/2023 1:42 PM
CC-27-2022-C-29
ID: 734135