IN THE CIRCUIT COURT OF RALEIGH COUNTY,
WEST VIRGINIA
CASE NO.: 23-C-354
PROJECT NO.: X341-ZWA/Y-1.00 02, STP-0019(428)D
PARCEL NO.: 151
WEST VIRGINIA DEPARTMENT
OF TRANSPORTATION
DIVISION OF HIGHWAYS,
Petitioner,
v.
PHYLLIS P. MORRIS;
TRACY L. MORRIS MOORE;
CRYSTAL MARIE McWILLIAMS KRANTZ; CARLY McWILLIAMS MARSH; RUSSELL McWILLIAMS; LONI LEE McWILLIAMS BROGAN; UNKNOWN BENEFICIARIES, HEIRS, SUCCESSORS and ASSIGNS OF DEBRA M. MORRIS McWILLIAMS, deceased;
APPALACHIAN POWER COMPANY, a Virginia corporation;
FRONTIER WEST VIRGINIA, INC.,
a West Virginia corporation; and
RALEIGH COUNTY SHERIFF/TREASURER;
Respondent.
ORDER OF PUBLICATION
AND NOTICE OF
CONDEMNATION
PROCEEDINGS
To the above-named Respondents and other lawful claimants:
The object of the above-styled proceeding is to condemn certain property, in which the Respondents may have an interest, for public use as a part of the State Road System of West Virginia in the Project designated as Project No.: X341-ZWA/Y-1.00 02, STP-0019(430)D, and which will become part of the State Road System under the control and jurisdiction of the Petitioner pursuant to West Virginia Code Section 17-2A-8, will be used for public road purposes, will be maintained by DOH, and will be of benefit to the general public; the property proposed to be condemned is Parcel No. 151 as designated in the set of plans or maps for the project available for review in the Division of Highways offices of District 10 located in Princeton, West Virginia.
The property to be condemned for the purpose aforesaid is more particularly described as follows:
NONCONTROLLED ACCESS RIGHT OF WAY
BEGINNING at a point in the southern existing right of way line of Raleigh County Route 19/13 (C&O Dam Road), said point being in the western existing right of way line of Erica Lane and 102 feet radially left of relocated US Route 19 centerline at Station 276+21, Project X341-ZWA/Y-1.00 02, STP-0019(428)D, Raleigh County, West Virginia;
thence, southerly, with said existing right of way line 196 feet, more or less, to a point in the eastern proposed noncontrolled access right of way line of relocated C&O Dam Road, said point being 268 feet radially left of centerline at Station 275+32;
thence, westerly, with said proposed noncontrolled access right of way line 45 feet, more or less, to a point 297 fee radially left of centerline at Station 275+62;
thence, northwesterly, continuing with said proposed noncontrolled access right of way line 117 feet, more or less, to a point in the southern existing right of way line of C&O Dam Road, said point being 303 feet radially left of centerline at Station 276+63;
thence, northeasterly, meandering with said existing right of way line 238 feet, more or less, to the place of the beginning and containing 20,957 square feet (0.48 acres), more or less.
The tract of land hereinabove described is a portion of that same real estate conveyed unto E. S. Pittman, from Newton Pittman and Ollie Pittman, his wife, by deed dated June 14, 1944, of record in the Office of the Clerk of the County Commission of Raleigh County, West Virginia, in Deed Book 207, at Page 140. The said E. S. Pittman, also known as Everett Pittman, died testate on or about April 1, 1982, and by the provision in his Last Will and Testament, dated October 23, 1979, of record in the aforesaid Clerk’s office in Will Book 32, at page 562, he devised unto his daughter, Sharon P. Morris, the real property which includes the property described herein.
The said Sharon P. Morris died testate on February 1, 2018, and by provisions of her Last Will and Testament dated March 12, 1999, of record in the aforesaid Clerk’s office in Will Book 5066, at page 9975, she devised her interest in the real property, inclusive of the property described herein, unto her children, Debra M. Morris McWilliams; Tracy L. Morris Moore; Tracy L. Morris Moore, Trustee for Michael E. Morris; and Phyllis P. Morris. The said Michael E. Morris died on or about August 19, 2013, thereby extinguishing his interest pursuant to the provisions of the Last Will and Testament of Sharon P. Morris. It is believed that the said Debra M. Morris McWilliams died on or about September 25, 2018, and her interest in the property described herein descended unto her beneficiaries, heirs, or assigns who are not yet sufficiently identified, but who will be more particularly identified in the prosecution of this action.
And it appearing that certain of the Respondents named above may reside outside the State of West Virginia and/or that the identity and addresses of certain named Respondents are unknown to the Petitioner, said Respondents are hereby notified that the above-styled condemnation proceeding was instituted in this Court on or about October 26, 2023, to take and appropriate for the purpose aforesaid, upon payment of just compensation, the above-described property in which the above-named Respondents may have an interest. You are required to serve your answer within thirty (30) days; if you fail to do so, judgment by default may be taken against you for the relief demanded in the Petition, and you will thereafter be barred from asserting in another action any claim you may have which may be asserted by counterclaim in the above-styled civil action.
Further, after service upon you by publication in the manner prescribed by law, a hearing may be scheduled in this Court for the appointment of Commissioners to determine just compensation for the land taken and for damages to the residue, if any, and for all other proceedings to be held and had as may be proper, at which hearing you may appear to protect your interests in the property.
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 October 26, 2023, to take and appropriate the above-described property for the purpose aforesaid;
2. that you may serve upon James E. Garvin, Esq., 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, West Virginia;
4. that you must appear and defend your interests on or before December 1, 2023; otherwise, judgment by default may be rendered against your at any time thereafter;
5. that Land Commissioners may be selected, whose propose 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 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 27th day of October, 2023.
ATTEST:
Robert McComas, Clerk
Circuit Court of Raleigh County, West Virginia
ID: 750223