IN THE CIRCUIT COURT OF
RALEIGH COUNTY,
WEST VIRGINIA
CASE NO.: 24-C-30
WEST VIRGINIA DEPARTMENT OF TRANSPORTATION, DIVISION OF HIGHWAYS,
Petitioner,
v.
PROJECT NO.: X341-ZWA/Y-1.00 02, STP-0019(428)D PARCEL NO.: 86 WILLIAM EDMONDS; UNKNOWN BENEFICIARIES, HEIRS, SUCCESSORS and ASSIGNS OF BEULAH E. EDMONDS, deceased; STEVEN L. WEBB; and RALEIGH COUNTY SHERIFF/TREASURER; Respondents.
ORDER 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 the expansion of West Virginia Route 2 to improve traffic flow and ingress/egress, as part of the Project “ZWA/Y,” designated as Project No. X341-ZWA/Y-1.00 02, STP-0019(428)D, the property proposed to be condemned being a part of Parcel No. 86 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:
NONCONTROLLED ACCESS RIGHT OF WAY BEGINNING at a point in the western existing right of way line of US Route 19, said point being in the division line between Steven L. Webb and The Estate of Beulah E. Edmonds and 53 feet radially left of relocated US Route 19 centerline at Station 210+84, Project X341-ZWA/Y-1.00 02, STP-0019(428)D, Raleigh County, West Virginia; thence, southerly, with said division line 22 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 75 feet left of and at right angle to centerline at Station 210+78; thence, northwesterly, with said proposed noncontrolled access right of way line 67 feet, more or less, to a point in the division line between an Unknown Owner and The Estate of Beulah E. Edmonds and in the existing right of way line, said point being 46 feet radially left of centerline at Station 211+36; thence, easterly, meandering with said existing right of way line 54 feet, more or less, to a point 43 feet radially left of centerline at Station 210+84; thence, southerly, continuing with said existing right of way line 10 feet, more or less, to the place of beginning and containing 827 square feet, more or less. The tract of land hereinabove described is a portion of that same real estate conveyed unto I. C. Edmonds, and Beulah E. Edmonds, his wife, from William H. Edmonds, by deed dated October 9, 1990, of record in the Office of the Clerk of the County Commission of Raleigh County, West Virginia, on Microfilm Roll 3, at page 2158. The said I. C. Edmonds died on or about January 18, 1995, and by virtue of the survivorship language contained in the aforementioned deed recorded on Microfilm Roll 3, at page 2158, title to the said Lot 17 vested solely in his wife, Beulah E. Edmonds, who is believed to have died in Wood County, West Virginia, on or about October 15, 2015.
And it appearing that the said Beulah E. Edmonds, may have died on or about October 15, 2015, and her estate not having been admitted to probate, the identity and whereabouts of her heirs at law and/or the beneficiaries of her estate are unknown, the unknown beneficiaries, heirs, successors and assigns of Beulah E. Edmonds are hereby notified that the above-styled condemnation proceeding was instituted in this Court on January 29, 2024, to take and appropriate the above described property for the purposes aforesaid, in which the above-named Respondents may have an interest upon the payment of just compensation.
You may view and request a copy of the Petition filed by the West Virginia Department of Transportation, Division of Highways, from the Clerk of the Circuit Court of Raleigh County, West Virginia.
You may protect your interests in this action by serving your Answer to the Petition on James E. Garvin, Attorney at Law, counsel for the Petitioner, at the Division of Highways, Legal Division, Building 5, Room A-517, 1900 Kanawha Boulevard, East, Charleston, West Virginia 25305.
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.