Legal Notices

IN THE CIRCUIT COURT OF MCDOWELL COUNTY, WEST VIRGINIA Civil Action No. CC-27-2022-C-28Hon. Edward Kornish APPALACHIAN POWER COMPANY, a Virginia corporation, Petitioner, vs. DAVIS-WHALEY, LLC, DIVERSIFIED MIDSTREAM LLC, SCD OIL OPERATORS & DRILLING INC., CEDAR BRANCH MINING, LLC, UNKNOWN PERSONS OWNERS, and JAMES MUNCY, SHERIFF OF MCDOWELL COUNTY, WEST VIRGINIA, Respondents. LEGAL NOTICE OF PUBLICATION AND NOTICE TO APPEAR ON NOVEMBER 8, 2023, AT 9:30 A.M., FOR JUST COMPENSATION HEARING TO: RESPONDENTS, DAVIS-WHALEY, LLC, DIVERSIFIED MIDSTREAM LLC, SCD OIL OPERATORS & DRILLING INC., CEDAR BRANCH MINING, LLC, UNKNOWN PERSONS WNERS, AND JAMES MUNCY, SHERIFF OF MCDOWELL COUNTY, WEST VIRGINIA Notice is hereby given to Davis-Whaley, LLC, by David “Mike” Rose, Diversified Midstream LLC, SCD Oil Operators & Drilling Inc., Cedar Branch Mining, LLC, by Charles B. Dollison, its attorney, Unknown Persons wners, and James Muncy, 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 9:30 a.m., in this action in the Circuit Court of McDowell County, West Virginia, before Judge Edward J. Kornish in relation to an Amended 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-28, and styled Appalachian Power Company vs. Davis-Whaley, LLC, et al. An Order of Right of Entry was entered on November 18, 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 9:30 a.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 Dry Fork, Tug River in Sandy River Magisterial District, McDowell County, West Virginia, identified as Tax Map 205, Parcel 47, and recorded in the office of the Clerk of the County Commission of McDowell County, West Virginia, in Deed Book 534, at page 696, and being more specifically bounded and described as follows: 331.60 FEE DRY FK BEGINNING at point on the east right-of-way line of the Norfolk and Western Railway Company opposite a point 3000 feet south along the track from mile post “I” -2 this point being on the sideline of a tract of land deeded by the Tyree Land Company to John R. Gildersleeve and Tony Iafolla, and being N. 49DEGREES E. 166 feet from two spruce pine stumps on the east bank of Dry Fork (2 sycamores, hickory, black oak and maple called for); thence with the side lines of said Gildersleeve and Iafolla, N. 49DEGREES E. 1338.4 feet to a stake on the east bank of Dunkard’s Branch, from which a large Hickory sits 25 feet southwest; thence N. 67DEGREES 30 1655 feet to a large Chestnut on the top of the ridge between Dry Fork and Harman’s Branch; thence leaving said Gildersleeve and Iafolla tract, N. 55DEGREES 50 E. 1485 feet to a stake on the bank of the right fork of Harman’s Branch, 3 popular and a birch witness; thence down said right fork of Harman’s Branch and with the meanders thereof N. 3DEGREES 55 W. 155 feet; N. 69DEGREES 35 W. 292 feet; N. 38DEGREES W. 743 feet; N. 50DEGREES 25 W. 490 feet; N. 24DEGREES 40 W. 1030 feet; N. 30DEGREES 15 W. 208 feet; N. 28DEGREES 20 E. 138 feet; N. 2DEGREES 55 E. 240 feet; N. 31DEGREES 45 W. 152 feet; N. 29DEGREES E. 194 feet; N. 11DEGREES 50 E. 396 feet to a point on said right fork of Harman’s Branch a corner of a tract of land which has been sold to the Snid Coal Company; thence with the sidelines of said tract N. 83DEGREES 27 W. 1100 feet to a stake, S. 66DEGREES 23 W. 1700 feet to a point in the east right-of-way of line of the Norfolk and Western Railway; thence in a southerly direction with said right-of-way about 2050 feet to the intersection of this line with the sideline of a tract of land belonging to the Vista Mineral Company; thence with said line of the Vista Mineral Company S. 5DEGREES 30 2965 feet to another intersection of the line of the Vista Mineral Company with the east right-of-way line of the Northfolk and Western Railway; thence with said right-of-way line in the southerly direction about 160 feet to the point of BEGINNING, containing 334 Ac. More or less. The aforementioned respondents are hereby notified a copy of said Amended Petition for Condemnation ight 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 Amended Petition for Condemnation ight 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 9:30 a.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 r 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 Submitted by: 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,