IN THE CIRCUIT COURT OF WOOD COUNTY, WEST VIRGINIA
WEST VIRGINIA DEPARTMENT OF TRANSPORTATION,
DIVISION OF HIGHWAYS, a State Agency,
Petitioner,
v. CAMDEN C. PARISH; WILLA N. DEBERRY (a.k.a. Willa N. JOHNSON); HON. JOHN MCCUSKEY, WEST VIRGINIA STATE AUDITOR; EULA MORRIS HARDMAN; SHEILA K. STEPHENS (a.k.a. Shiela K. Stephens); JOSEPH W. RENFORTH; CAROLYN GOLD; JOHN AND JANE DOE, unknown heirs of Audrey J. Renforth; GLENNA GANDEE; HOPE GAS, INC. a West Virginia Corporation, formerly Consolidated Gas Supply Corporation and Hope Natural Gas Co.; MONONGAHELA POWER COMPANY an Ohio Corporation; FRONTIER WEST VIRGINIA INC., a West Virginia Corporation formerly known as C&P Telephone Company, and STEVE STEPHENS, Sheriff of Wood County, West Virginia.
Defendants.
UPON PROCEEDINGS TO CONDEMN LAND FOR PUBLIC USE.
PROJECT NO. U354-2-23.11 07, NHPP-0002(595)D
PARCEL NO. 106
CIVIL ACTION NO. 21-C-249
JUDGE: Hon. Jason Wharton
ORDER OF PUBLICATION
The object of the above-entitled action is to condemn certain real estate for public purposes under the provisions of W.Va. Code § 54-2-14a. You, and each of you, are hereby notified that on the 10th day of September 2021, a proper Application in condemnation was filed with the Clerk of the Circuit Court of Wood County, West Virginia.
You are also notified that on the 9th day of November 2021, at 1:30 O’clock p.m., or at such time thereafter as the case may be heard, the above-styled matter will come on for hearing upon the heretofore filed Motion for Entry of Order of Defeasible Title, before the Honorable Jason Wharton, Judge of the Circuit Court of Wood County at the Wood County Judicial Building, Two Govt. Square, Parkersburg, West Virginia 26101.
You are further notified that at said time, or as soon thereafter as counsel may be heard, further petition will be made upon the said Application by the undersigned, on behalf of the West Virginia Division of Highways, a state agency, under the laws of the State of West Virginia, to the Circuit Court of Wood County, West Virginia, in the courtroom of the Honorable Judge thereof, at a session of said Circuit Court, or in vacation thereof, to be then held at the Circuit Clerk’s Office at the above-stated courthouse of said County, for:
(1) The appointment of Commissioners, as provided by statute, to ascertain a just compensation for the appropriated land described or referred to, as well as any damages to the residue of your lands not condemned, less all benefits that may be derived in respect to such residue from the purpose to which said land taken is to be appropriated;
(2) The setting of a date for the convening of said Commissioners to view said real estate and to hear the evidence which may be offered by any party in interest, as provided by law; and
(3) Petition may be made for such further orders and proceedings to be then and there entered and had, as may be necessary to condemn the easements in, over and through said lands for a right of way for public road purposes, all of which are more particularly described in said Application.
At which time and place you are notified to attend and protect your interests if you are so advised. This hearing may be adjourned and continued from time to time as is necessary until these matters are completed.
The lands over, through and from which said rights of way and easements for the public purposes are proposed to be taken in this proceeding shall include the specific rights of way and easements herein sought and shall extend to such width and depth as may be authorized by Chapter 17, Article 2A, Section 17 of the Official Code of West Virginia of 1931, as amended, together with all materials therein, and the same is located in Union District, Wood County, West Virginia being more particularly bounded and described as follows:
PERMANENT DRAINAGE EASEMENT
BEGINNING at a point common to Valley Mills Development Corporation, Charles C. Burdette, et al., and Willa N. Deberry, et al., said point being 1,049 feet right of and at right angle to relocated West Virginia State Route 2 (WV 2) centerline at Station 237+55, Project U354-2-23.11 07, NHPP-0002(595)D, Wood County, West Virginia;
thence, northeasterly, with said division line between Charles C. Burdette, et al. and Willa N. Deberry, et al. 145 feet, more or less, to a point in the southern proposed permanent drainage easement line of relocated WV 2, said point being 961 feet right of and at right angle to centerline at Station 238+71;
thence, southerly, with said proposed permanent drainage easement line 87 feet, more or less, to a point in the northern existing right of way line of Wood County Route 16/7 (CR 16/7), said point being 1,041 feet right of and at right angle to centerline at Station 238+35;
thence, southerly, meandering with said existing right of way line 134 feet, more or less, to a point in the proposed permanent drainage easement line, said point being 1,118 feet right of and at right angle to centerline at Station 237+25;
thence, northwesterly, with said proposed permanent drainage easement line 23 feet, more or less, to a point in the division line between Valley Mills Development Corporation and Willa N. Deberry, et al., said point being 1,094 feet right of and at right angle to centerline at Station 237+23;
thence, northerly, with said division line 56 feet, more or less, to the place of beginning and containing 6,177 square feet, more or less.
The tract of land hereinabove described is a portion of that same real estate conveyed unto Clair O. Parish and Frances H. Morris, as tenants in common, from Charles V. Renner, Special Commissioner, by deed dated January 15, 1957, of record in the Office of the Clerk of the County Commission of Wood County, West Virginia, in Deed Book 406, at Page 319.
Frances H. Morris died testate on October 26, 1977, and devised unto her husband, William O. Morris, her undivided one-half (1/2) interest in the said real estate, by will dated August 11, 1972, of record in the Office of the Clerk of the County Commission of Wood County, West Virginia, in Will Book 61, at Page 710.
William O. Morris died testate on April 14, 1991, and devised unto his children, Audrey Morris Renforth and Eula Morris Hardman, share and share alike, his undivided one-half (1/2) interest in the said real estate, by will dated January 23, 1989, and of record in the aforesaid Clerk’s office in Will Book 99, page 352.
Clair O. Parish died testate on March 14, 2001, and devised unto his wife, Fay V. Parish, an undivided one-twenty-sixth (1/26) interest in and to his interest in the said real estate, with the rest, including the remainder, unto his children Willa N. Johnson (now DeBerry) and Camden C. Parish, by will dated September 12, 1994, of record in the aforesaid Clerk’s office, in Will Book 123, at Page 956.
Fay V. Parish died testate on or about April 29, 2004, as evidenced by her will dated September 13, 1994, of record in the aforesaid Clerk’s office, in Will Book 134, at Page 47, thus extinguishing her life estate.
Certain persons appear of record as lienors, encumbrancers or claimants of said lands as follows:
(A) The Sheriff of Wood County is made a party hereto for any taxes that may be due or owing.
(B) Defendant Hope Gas, Inc. is made a party hereto by virtue of the following:
1. That instrument dated July 29, 1959, to Hope Natural Gas Co. of record in the aforesaid clerk’s office in Deed Book 436 at Page No. 18.
2. That instrument dated October 17, 1960, to Hope Natural Gas Co. of record in the aforesaid clerk’s office in Deed Book 450 at Page No. 235.
3. That instrument dated October 14, 1968, to Consolidated Gas Supply Corporation of record in the aforesaid clerk’s office in Deed Book 557 at Page No. 130.
(C) Defendant Monongahela Power Company is made a party hereto by virtue of the following:
1. That instrument dated June 13, 1958, of record in the aforesaid clerk’s office in Deed Book 422 at Page No. 34.
2. That instrument dated March 20, 1967, of record in the aforesaid clerk’s office in Deed Book 531 at Page No. 11.
3. That instrument dated September 9, 1970, of record in the aforesaid clerk’s office in Deed Book 580 at Page No. 225.
4. That instrument dated January 25, 1971, of record in the aforesaid clerk’s office in Deed Book 583 at Page No. 95.
5. That instrument dated April 28, 1971, of record in the aforesaid clerk’s office in Deed Book 586 at Page No. 166.
6. That instrument dated July 14, 1971, of record in the aforesaid clerk’s office in Deed Book 590 at Page No. 43.
(D) Defendant Frontier West Virginia Inc. is made a party hereto by virtue of that instrument dated May 6, 1970, of record in the aforesaid clerk’s office in Deed Book 580 at Page No. 20.
Morris ½ Interest
(E) Defendants Sheila K. Stephens (a.k.a. Shiela K. Stephens) and Joseph W. Renforth are made parties hereto by virtue of their status as two living heirs and descendants of Audrey J. Renforth (date of death June 16, 2013) according to records found in Virginia but not of record in Wood County, as well as their status as siblings of the late Tona Bays, a now deceased heir of Audrey J. Renforth. (Exhibits 2 and 3 to Application).
(F) Defendant Carolyn Gold is made a party hereto to the extent her listing as a “sister” in an obituary for Tona Bays (date of death May 6, 2019), would evidence an interest in the subject property. (Exhibit 3 to Application).
(G) Defendant Glenna Gandee is made a party hereto by virtue of her purchase of a tax lien assessed as “MORRIS FRANCES l/2 – REMAINDER OF PARISH & MORRIS S/D OLD ST
MARYS PIKE” on or about November 14, 2019. (Exhibit 4 to Application).
Parish ½ Interest
(H) The State Auditor is made a party hereto by virtue of the undivided one-half (1/2) interest stemming from Clair O. Parish appearing not to have been entered on the Land Books since 2008. The following year, in the 2009 Land Book, the assessment entry changed from “Parish Fay L/E,” and “Morris, Frances 1/2,” to “Morris Frances 1/2.” More specifically, the Auditor is made a party hereto to the extent the change in the entry to the assessment between 2008 and 2009 rendered the ½ interest attributable to Fay Parish and/or her remaindermen to be non-entered lands subject to the authority and control of the Auditor by virtue of W.Va. Code § 11A-3-37. (Exhibit 5 to Application).
See explanatory foot note relative to paragraph H below.
It appearing by affidavit filed in this action, that the identity and whereabouts of heirs of Audrey J. Renforth, or heirs of her deceased heirs, are not known to the Petitioner. It is therefore Ordered that any such individual wishing to assert a claim relative to the interests identified above do appear and serve upon Charles Houdyschell Jr., Petitioner’s Attorney, whose address is P.O. Box 880, Huntington, WV 25712, an answer or other defense to the Application filed in this action on or before October 20, 2021, otherwise judgment by default will be taken against them at any time thereafter.
A copy of said Application can be obtained from the undersigned Clerk at her office located at Two Government Square, Parkersburg, WV 26101.
Entered this 15th day of September, 2021.
Celeste Ridgway
Clerk of the Circuit Court
By: T. Williams,
Deputy Clerk
The description of the assessment and the value of the property assessed did not change between the 2008 Land Book and the 2009 Land Book. Therefore, it is not clear whether this change represented an interest becoming non-entered, whether the ½ interest for one of the parties had previously gone non-entered or whether this assessment actually represents the full assessment for the property. Out of caution the Petitioner includes the Auditor.
Sept 21, 28