IN THE CIRCUIT COURT OF MARSHALL COUNTY, WEST
VIRGINIA
WEST VIRGINIA DEPARTMENT
OF TRANSPORTATION,
DIVISION OF HIGHWAYS,
Petitioner,
vs
UNKNOWN OWNERS; and
MARSHALL COUNTY SHERIFF/ TREASURER;
Respondents.
CASE NO.: 24-C-32
PROJECT NO.:
S326-250-31.16
PARCEL NO. 7
NOTICE 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 public purposes for a roadway, designated as Project No. S326-250-31.16, the property proposed to be condemned being a part of Parcel No. 7 of the Project, as designated in the set of plans or maps for the project available for review in the DOH offices of District 6 located in Moundsville, West Virginia.
The property to be condemned for the purpose aforesaid is situated in Marshall County, West Virginia, and is described as follows:
PARCEL 7: NONCONTROLLED ACCESS RIGHT OF WAY
BEGINNING at a point in the eastern existing right of way line, and a corner in the division line between Tessie Henderson Heirs (one-half interest) / Hazel Ashworth Heirs (one-half interest), and Mount Rose Cemetery Association, said point being in the northern existing railroad right of way line of an unknown owner, and 20 feet radially left of US 250 centerline at Station 13+60 equals 15 feet left of Railway Valuation centerline at Station 27+38, Project S326-250-31.16, Marshall County, West Virginia;
thence, southeasterly, with said railroad right of way line 40 feet, more or less, to a point in the eastern proposed noncontrolled access right of way line, said point being 55 feet radially left of centerline at Station 13+76 equals 15 feet left of Railway Valuation centerline at Station 27+78;
thence, southerly, with said proposed noncontrolled access right of way line 53 feet, more or less, to a point 38 feet left of and at right angle to centerline at Station 14+25 equals 38 feet right of Railway Valuation centerline at Station 27+84;
thence, southerly, continuing with said proposed noncontrolled access right of way line 42 feet, more or less, to a point in the southern existing railroad right of way line, said point being in said eastern existing right of way line, and 30 feet left of and at right angle to centerline at Station 14+67 equals 79 feet right of Railway Valuation centerline at Station 27+95;
thence, northerly, with the meanders of said existing right of way line 110 feet, more or less, to the point of beginning and containing 1,731 square feet, more or less.
The above-named Respondents are hereby notified:
1. that the above-styled condemnation proceeding was instituted in the Circuit Court of Marshall County on or about March 19, 2024, to take and appropriate the above-described property for the purposes aforesaid;
2. that you may serve upon Brandon A. Chinn, 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 Marshall County;
4. that a hearing to determine the right of the Petitioner to take, appropriate and use the above-described land will be held on the 29th day of April, 2024 at 2:30 p.m. before the Honorable Judge Charles R. Wilson of Marshall County at Marshall County Circuit Court, 600 Seventh Street, Moundsville, WV 26041, or as soon thereafter as counsel may be heard;
5. that Land Commissioners may be selected, whose purpose 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 and all 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 29th day of March, 2024.
THE WEST VIRGINIA DEPARTMENT OF TRANSPORTATION,
DIVISION OF HIGHWAYS,
By Counsel,
/s/ Brandon A. Chinn
Brandon A. Chinn,
WV State Bar #14359
West Virginia Division of Highways Legal Division, Room A-517, Building 5
1900 Kanawha Boulevard East
Charleston, West Virginia 25305-0430
Counsel for Petitioner
(304) 558-2823
Fax: (304) 558-3035
Brandon.A.Chinn@
wv.gov
Counsel for Petitioner
Int. Apr 8, 15, 2024