IN THE CIRCUIT COURT OF MARSHALL
COUNTY,
WEST VIRGINIA
WEST VIRGINIA
DEPARTMENT
OF TRANSPORTATION,
DIVISION OF
HIGHWAYS,
Petitioner,
VS
RICK LAUGLIN; TRACY LYNN ASHTON; HEIRS OF CHARLES C. WELLS UNDER THE LAST WILL
AND TESTAMENT OF RECORD ON JANUARY 14, 1885 IN WILL BOOK 2, AT PAGE 226; and
MARSHALL COUNTY SHERIFF/TREASURER;
Respondents.
CASE NO.: 24-C-104 (Judge Cramer)
PROJ. NO.: U352-2-
11.66 00
NAME: WV 2 Proctor-Kent
PARCEL NO. 42 – Wells Cemetery
ORDER OF
PUBLICATION
THIS IS A PUBLICATION BY CLASS II LEGAL
ADVERTISEMENT
TO RESPONDENTS HEIRS OF CHARLES C. WELLS, AND OTHER LAWFUL CLAIMANTS:
THIS IS A CONDEMNATION ACTION FILED PURSUANT TO WEST VIRGINIA CODE Section 54-2-14a. 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.
The property to be condemned is more particularly described as follows:
PARCEL NO. 42 – WELLS CEMETERY
PARTIAL TAKE–
NONCONTROLLED
ACCESS RIGHT OF WAY
BEGINNING at a point in the division line between another tract of Covestro LLC and Covestro LLC cemetery property, said point being in the western proposed noncontrolled access right of way line of relocated West Virginia Route 2 and 179 feet radially left of relocated West Virginia Route 2 centerline Station 164+90, Project U352-2-11.66 00 Marshall County, West Virginia; thence, northwesterly, with said proposed right of way line 268 feet, more or less, to a point 100 feet left of and at right angle to centerline at Station 167+50; thence, westerly, continuing with said proposed right of way line 61 feet, more or less, to a point in the division line between another tract of Covestro LLC and Covestro Cemetery property, said point being 147 feet left of and at right angle to centerline at Station 167+89; thence, northeasterly, with said division line 103 feet, more or less, to a point 44 feet left of and at right angle to centerline at Station 167+89; thence, southeasterly, continuing with said division line 295 feet, more or less, to a point in said division line, said point being 35 feet radially left of centerline at Station 164+90; thence, southwesterly, continuing with said division line 144 feet to the place of beginning containing 29,621 square feet, more or less.
The tract of land hereinabove described is a portion of the same real estate shown on Tax Map 27, Franklin District of Marshall County, West Virginia, as owned by Covestro LLC, a Delaware limited liability company, but not included by deed dated June 20th, 2016, of record in the Office of the Clerk of the county Commission of Marshall County, West Virginia, in Deed book 897 Page 440.
It appearing by affidavit filed in this action that Respondents are non-residents of the State of West Virginia or have an unknown address, it is hereby Ordered that Respondents Heirs of Charles C. Wells serve upon Kurt E. Entsminger, Esquire, Attorney for the Petitioner, an Answer, including any related counterclaim or defense you may have to the Petition filed in this action. You are hereby notified that the Petition of the West Virginia Department of Transportation, Division of Highways, to condemn land, described below for public use will be brought on for hearing on the 17th day of January, 2025 at 11:00 a.m. before the Honorable Jeffrey D. Cramer at the Marshall County Courthouse, 600 Seventh Street, Moundsville, West Virginia. A Copy of the said Petition and Notice of Hearing may be obtained from the Clerk of the Circuit Court of Marshall County, West Virginia. A Land Commissioner 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 that any and all other proceedings may be held and had as may be proper, at which time and place you, are hereby notified to be present to protect your interests in said proceeding.
ENTERED BY THE CLERK OF SAID COURT ON NOVEMBER 12th, 2024.
Joseph M. Rucki
Circuit Clerk
INTEL – Nov. 19, 26, 2024