IN THE CIRCUIT COURT OF MARSHALL
COUNTY,
WEST VIRGINIA
WEST VIRGINIA
DEPARTMENT
OF TRANSPORTATION,
DIVISION OF
HIGHWAYS,
Petitioner,
VS
JEFFREY C. SABO, TRUSTEE, TERRI M. PIETRO, TRUSTEE LISA I. CLINE, TRUSTEE, DOUGLAS A. SABO, TRUSTEE, 2014 SABO FAMILY IRREVOCABLE TRUST, APPALACHIA MIDSTREAM SERVICES, LLC, HEIRS OF W.H.B. BULGER, AND H.N. CROFT, JR., SHERIFF OF OHIO COUNTY, WEST VIRGINIA
Respondents.
CASE NO.: 25-C-90
JUDGE JOSEPH
CUOMO
PROJECT
NO.S335-1-2.8300, STP-0001(295)D
PARCEL NO. 3
ORDER OF
PUBLICATION
THIS IS A PUBLICATION BY CLASS II LEGAL
ADVERTISEMENT
TO RESPONDENTS 2014 SABO IRREVOCABLE TRUST, HEIRS OF W.H.B. BULGER AND ALL 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:
State Project# S335-1-2.83 00
Federal Project# STP-0001(295)D
TRACT 1 – NONCONTROLLED ACCESS RIGHT OF WAY
BEGINNING at a point in the eastern proposed noncontrolled access right of way line of relocated Ohio County Route 1, said point being in the eastern existing right of way line of Ohio County Route 1 and 40 feet right of and at right angle to relocated Ohio County Route 1 centerline at Station 105+67, Project S335-1-2.83 00, STP-0001(295)D, Ohio County, West Virginia; thence, northerly, meandering with said existing right of way line 73 feet, more or less, to a point in the proposed noncontrolled access right of way line, said point being 40 feet right of and at right angle to centerline at Station 106+40; thence, easterly, with said proposed noncontrolled access right of way line 19 feet, more or less, to a point 59 feet right of and at right angle to centerline at Station 106+40; thence, southerly, continuing with said proposed noncontrolled access right of way line 40 feet, more or less, to a point 59 feet right of and at right angle to centerline at Station 106+00; thence, southerly, continuing with said proposed noncontrolled access right of way line 38 feet, more or less, to the place of beginning and containing 1,069 square feet (0.03 acres), more or less.
TRACT 2 – TEMPORARY CONSTRUCTION
EASEMENT
BEGINNING at a point in the division line between Windsor Coal Company and Jeffrey C. Sabo, et al., said point being in the eastern existing right of way line of Ohio County Route 1 and 40 feet right of and at right angle to relocated Ohio County Route 1 centerline at Station 103+43, Project S335-1-2.83 00, STP-0001(295)D, Ohio County, West Virginia; thence, northerly, meandering with said existing right of way line 224 feet, more or less, to a point in the eastern proposed noncontrolled access right of way line of relocated Ohio County Route 1, said point being 40 feet right of and at right angle to centerline at Station 105+67; thence, northerly, with said proposed noncontrolled access right of way line 38 feet, more or less, to a point 59 feet right of and at right angle to centerline at Station 106+00; thence, northerly, continuing with said proposed noncontrolled access right of way line 40 feet, more or less, to a point 59 feet right of and at right angle to centerline at Station 106+40; thence, westerly, continuing with said proposed noncontrolled access right of way line 19 feet, more or less, to a point in the existing right of way line, said point being 40 feet right of and at right angle to centerline at Station 106+40; thence, northerly, meandering with said existing right of way line 157 feet, more or less, to a point 40 feet radially right of centerline at Station 107+96; thence, westerly, continuing with said existing right of way line 10 feet, more or less, to a point 30 feet radially right of centerline at Station 107+96; thence, northerly, continuing with said existing right of way line 165 feet, more or less, to a point in the eastern proposed temporary construction easement line of relocated Ohio County Route 1, said point being 30 feet radially right of centerline at Station 109+54; thence, southeasterly, with said proposed temporary construction easement line 39 feet, more or less, to a point 48 feet radially right of centerline at Station 109+21; thence, southeasterly, continuing with said proposed temporary construction easement line 421 feet, more or less, to a point in the division line between Windsor Coal Company and Jeffrey C. Sabo, et al., said point being 131 feet right of and at right angle to centerline at Station 105+20; thence, southerly, with said division line 199 feet, more or less, to the place of beginning and containing 26,595 square feet, more or less. The tracts of land hereinabove described are a portion of that same real estate conveyed unto Jeffrey C. Sabo, Terri M. Pietro, Lisa I. Cline, and Douglas A. Sabo, Trustees of the 2014 Sabo Family Irrevocable Trust, from Kelli Marie Graleske, single, Trisha Lynn Rutter, single, and Shannon Lea Gorath-Lunseth, married, by deed dated February 11, 2019, of record in the Office of the Clerk of the County Commission of Ohio County, West Virginia, in Deed Book 956, at Page 584.
It appearing by affidavit filed in this action that above-named Respondents are non-residents of the State of West Virginia or have an unknown address, it is hereby Ordered that Respondents serve upon Kurt E. Entsminger, Esquire and Christen M. Justice, Esq., Attorneys 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 30th day of June, 2025 at 10 AM before the Honorable Joseph Cuomo at the Ohio County Courthouse, 1500 Chapline Street, Wheeling, WV. A Copy of the said Petition and Notice of Hearing on Motion for Immediate Entry may be obtained from the Clerk of the Circuit Court of Lewis 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 MAY 23, 2025.
Brenda Miller
Circuit Clerk
INTEL – May 29, June 5, 2025