Legal Notices

IN THE CIRCUIT COURT OF MERCER COUNTY, WEST VIRGINIA Civil Action No. CC-28-2022-C-162 Hon. Mark Wills APPALACHIAN POWER COMPANY, a Virginia corporation, Petitioner, vs. PAULA J. BOWERS, BRUSANNA R. JACKSON, LULA CHERRY’S UNKNOWN HEIRS, JAMES A. STANLEY, HENRY STANLEY, THOMAS WOODROW LAMBERT, TINA M. DAVIS, JOEY SNYDER, MICHAEL SNYDER, THURMAN AVERY’S UNKNOWN HEIRS, STEVEN B. MCPHERSON, RICHARD B. MCPHERSON, RANDEL B. MCPHERSON’S UNKNOWN HEIRS, CHARLES M. MCPHERSON’S UNKNOWN HEIRS, DARRELL MCPHERSON’S UNKNOWN HEIRS, DANIEL MCPHERSON, ROBERT MCPHERSON, MIRANDA K. ROBINSON, LONNIE SMITH’S UNKNOWN HEIRS, KIM SMITH, JACOB SMITH, BONNIE MARIE MANCIL, SHELBY J. BELEEN’S UNKNOWN HEIRS, THURMAN JOHN BELEEN, MARY CLARY’S UNKNOWN HEIRS, JEFF CLARY, EMMA L. STEVENSON’S UNKNOWN HEIRS, WANDA K. COX, LINDA S. RIOS, WILLIAM L. AVERY, RICHARD E. AVERY, EDWARD W. AVERY, HARRY R. AVERY, RUSSELL AVERY’S UNKNOWN HEIRS, RONALD JOSEPH AVERY, GERTRUDE AVERY’S UNKNOWN HEIRS, STELLA AVERY’S UNKNOWN HEIRS, UNKNOWN PERSONS WNERS and TOMMY BAILEY, SHERIFF OF MERCER COUNTY, Respondents. LEGAL NOTICE OF PUBLICATION AND NOTICE TO APPEAR FOR JUST COMPENSATION HEARING ON AUGUST 1, 2024, AT 1:00 P.M. TO: RESPONDENTS, PAULA J. BOWERS, BRUSANNA R. JACKSON, LULA CHERRY’S UNKNOWN HEIRS, JAMES A. STANLEY, HENRY STANLEY, THOMAS WOODROW LAMBERT, TINA M. DAVIS, JOEY SNYDER, MICHAEL SNYDER, THURMAN AVERY’S UNKNOWN HEIRS, STEVEN B. MCPHERSON, RICHARD B. MCPHERSON, RANDEL B. MCPHERSON’S UNKNOWN HEIRS, CHARLES M. MCPHERSON’S UNKNOWN HEIRS, DARRELL MCPHERSON’S UNKNOWN HEIRS, DANIEL MCPHERSON, ROBERT MCPHERSON, MIRANDA K. ROBINSON, LONNIE SMITH’S UNKNOWN HEIRS, KIM SMITH, JACOB SMITH, BONNIE MARIE MANCIL, SHELBY J. BELEEN’S UNKNOWN HEIRS, THURMAN JOHN BELEEN, MARY CLARY’S UNKNOWN HEIRS, JEFF CLARY, EMMA L. STEVENSON’S UNKNOWN HEIRS, WANDA K. COX, LINDA S. RIOS, WILLIAM L. AVERY, RICHARD E. AVERY, EDWARD W. AVERY, HARRY R. AVERY, RUSSELL AVERY’S UNKNOWN HEIRS, RONALD JOSEPH AVERY, GERTRUDE AVERY’S UNKNOWN HEIRS, STELLA AVERY’S UNKNOWN HEIRS, UNKNOWN PERSONS WNERS, AND TOMMY BAILEY, SHERIFF OF MERCER COUNTY Notice is hereby given to Paula J. Bowers, Brusanna R. Jackson, Lula Cherry’s Unknown Heirs, James A. Stanley, Henry Stanley, Thomas Woodrow Lambert, Tina M. Davis, Joey Snyder, Michael Snyder, Thurman Avery’s Unknown Heirs, Steven B. McPherson, Richard B. McPherson, Randel B. McPherson’s Unknown Heirs, Charles M. McPherson’s Unknown Heirs, Darrell McPherson’s Unknown Heirs, Daniel McPherson, Robert McPherson, Miranda K. Robinson, Lonnie Smith’s Unknown Heirs, Kim Smith, Jacob Smith, Bonnie Marie Mancil, Shelby J. Beleen’s Unknown Heirs, Thurman John Beleen, Mary Clary’s Unknown Heirs, Jeff Clary, Emma L. Stevenson’s Unknown Heirs, Wanda K. Cox, Linda S. Rios, William L. Avery, Richard E. Avery, Edward W. Avery, Harry R. Avery, Russell Avery’s Unknown Heirs, Ronald Joseph Avery, Gertrude Avery’s Unknown Heirs, Stella Avery’s Unknown Heirs, Unknown Persons wners, and Tommy Bailey, Sheriff of Mercer County, West Virginia (hereinafter sometimes referred to as “the aforementioned respondents”), that a Notice of Just Compensation Hearing for August 1, 2024, at 1:00 p.m., has been filed in the Circuit Court of Mercer County, West Virginia, and is known as Civil Action No. CC-28-2022-C-162, and styled Appalachian Power Company vs. Paula J. Bowers, et al. Said Notice of Just Compensation Hearing under the West Virginia laws of eminent domain seeks a determination of just compensation to be awarded for the taking of the subject property herein for the construction of an electric substation, electrical transmission, distribution, and communication lines and appurtenant equipment and fixtures, and condemnation and right of entry on behalf of Appalachian Power Company, Inc. situate in Beaver Pond District, Mercer County, West Virginia, identified as Tax Map 5, Parcel 18, and recorded in the office of the Clerk of the County Commission of Mercer County, West Virginia, in Deed Book 1022, at page 445, and being more specifically bounded and described as follows: 40.4 AC BRUSH CK TRACT NO. 10: BEGINNING at a fence post on the north side of the State highway a corner of Ewed L. Davidson land and running with three lines of same, N. 23DEGREES 50 E. 1239.5 feet to a fence post; N. 37DEGREES 25 W. 504.6 feet to a large hickory; N. 3DEGREES 30 W. about 1792.6 feet to a black oak now down, a corner of the land now owned by Tom Robinson, and running with a fence line of same, N. 75DEGREES 30 E. 836.2 feet to a stake on a northeast hillside and 4.7 feet from a large chestnut marked pointer; thence running S. 4DEGREES 12 E. 2128.7 feet to an iron rod drove in ground for corner; thence S. 44DEGREES 20 W. 29 feet to a place of iron pipe drove in ground for corner and on the north wide of and about 15 feet from the center of a public roadway; thence running along and with said road way, and 15 feet from the center thereof, about 1772 feet to a point in the north line of said State highway; thence with right of way line of said highway, N. 69DEGREES 19 W. about 205 feet to the place of beginning, and containing 50 acres, more or less. There is excepted and reserved from this conveyance a 9.60 acre tract of land previously conveyed. A Petition for Condemnation ight of Entry was previously filed October 8, 2022 and Order of Right of Entry was previously entered December 6, 2022, in this action. The aforementioned respondents and all interested persons pursuant to this publication are hereby notified a copy of said Notice of Just Compensation Hearing may be obtained from the Mercer County Circuit Clerk’s office at 1501 Main Street, Princeton, West Virginia, 24740, for the purposes of appearing and defending. The Notice of Just Compensation Hearing 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 and interested persons are further notified that a hearing on the said Notice of Just Compensation will occur on August 1, 2024, at 1:00 p.m., in the Circuit Court of Mercer County, West Virginia, located at 1501 Main Street, Princeton, West Virginia, 24740, before the Honorable Mark Wills. You may appear for hearing as stated above to present evidence on your behalf as to just compensation for the taking of the subject property in this action, and are notified that any failure to appear may result in the waiver of any 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 26th day of June, 2024. JULIE BALL MERCER COUNTY CIRCUIT CLERK By: Deputy 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, West Virginia 25326 (304) 347-8310 Attorneys for Petitione