IN THE CIRCUIT COURT OF TYLER COUNTY, WEST VIRGINIA
JB EXPLORATION I, LLC , a West Virginia
Limited Liability Company,
Plaintiff,
-vs-
CIVIL ACTION NO. 14-C-82
Hon. C. Richard Wilson, Judge
ELMER ELLSWORTH MURPHY, et al,
Defendants.
NOTICE OF HEARING
RE: The surface ownership of Lots, Tracts or
Parcels of Real Estate situate in McElroy District, Tyler County, West Virginia, identified as McElroy District Tax Map 11, Parcel 5, collectively containing 62 acres, more or less, being the subject of the
above captioned Civil Action (“the Subject
Property”).
TO : James W. Wright and Shannon M. Wright, Husband and Wife, Apparent Surface Owners (or their heirs, successors or assigns)
Any other person or entity claiming ownership of
the Subject
Property
R. Dean Pratt, Tyler County Sheriff
(as a lienholder – taxes)
Bayer Heritage Federal Credit Union
(as a lienholder)
JB Exploration I, LLC, a West Virginia Limited
Liability
Company
Kim G. Farha, Esq., Counsel for WVDEP
Please take notice that you are receiving this Notice in
accordance with West Virginia Code Section 55-12A-7
because real estate records in the Tyler County
Courthouse show, or suggest, that you are the apparent
surface owner(s) of the Subject Property and may
(1) be entitled to receive money held by the General
Receiver of the Circuit Court of Tyler County, West
Virginia, and additional funds held in suspense by
Plaintiff, and/or; (2) be entitled to have certain mineral
interests in the Subject Property legally transferred and
deeded to you, upon your presentation of sufficient proof of ownership of the surface of the Subject Property.
Be advised that:
(1) You will be added as parties to the above
referenced Civil Action No. 14-C-82 and have the
opportunity to appear at a hearing for you to present
proof of ownership of a fee interest in the surface estate
of the Subject Property.
(2) The Court’s preferred proof of ownership is a written
opinion of real estate title of a West Virginia licensed
attorney, and/or an attorney’s testimony at the hearing.
(3) The hearing for presentation of proof of title
shall be held on January 28, 2026, at 1:30 p.m. at the
Tyler County Judicial Building, 228 Main Street,
Middlebourne, West Virginia, at which time you and
your attorney should be present.
(4) Upon a finding by the Court that you are in fact the
owner(s) of all or part of the fee surface estate in the
Subject Property, you will be conveyed, by a Special
Commissioner’s deed, an interest in the oil and gas within and underlying the Subject Property held by those
missing, unknown or abandoning owners, whose
interests in the same remain unclaimed, subject to a “Special Commissioner Lease” of oil and gas interests
in the Subject Property, dated July 7, 2015, from David
C. White, as Special Commissioner, to JB Exploration I,
LLC, a Memorandum of which is of record in the Office
of the Clerk of the Tyler County
Commission in Book 495, at page 258.
(5) Upon a finding by the Court that you are in fact the
owner(s) of all or part of the fee surface estate in the Subject Property, after the date of the Special
Commissioner’s deed, the surface owner grantees shall
be entitled to receive proceeds under the
said Special Commissioner Lease.
(6) Further, upon a finding by the Court that you are in
fact the owner(s) of all or part of the fee surface estate
in the Subject Property, you may be entitled to a
payment from the General Receiver of the Circuit Court of Tyler County, West Virginia of all, or a portion of those funds which have accrued to the remaining
missing, unknown or abandoning owners under the said Special Commissioner Lease, after payment of
allowable fees, expenses and court costs, including
Special Commissioner’s fees and costs.
This Notice is given by the undersigned Special
Commissioner in accordance with an Administrative
Order Appointing Special Commissioners entered in the
Circuit Courts of Marshall, Wetzel and Tyler Counties,
West Virginia, on or about March 11, 2024.
You, or your counsel, may contact the undersigned Special Commissioner by email at [email protected] , or by telephone at 304-771-2860.
Frederick M. Dean Rohrig
Special Commissioner
5662