IN THE CIRCUIT COURT OF TYLER COUNTY, WEST
VIRGINIA
JB EXPLORATION I, LLC , a West Virginia
Limited Liability Company,
Plaintiff,
-vs-
CIVIL ACTION NO. 15-P-2H
Hon. C. Richard Wilson, Judge
THOMAS KESTER, et al,
Defendants.
NOTICE OF HEARING
RE: The surface ownership of Parcels of Real Estate situate in McElroy District, Tyler County, West
Virginia, identified as McElroy District Tax Map 11,
Parcel 43, containing 35 acres, more or less; Tax
Map 11, Parcel 42, containing 25 1/2 acres, more or
less; and Tax Map 11, Parcel 44, containing 6.75
acres, more or less, all of which are collectively the
subject of the above captioned Civil Action (“the
Subject Property”).
TO : William F. Woodburn, Apparent Surface
Owner (or his heirs, successors or assigns) Linda
L. Hoover, Apparent Surface Owner (or her heirs, successors or assigns) Kay F. Baker, Apparent
Surface Owner (or her heirs, successors or assigns)
Any other person or entity claiming ownership of the Subject Property 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. 15-P-2 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 September 10, 2015, from Shane M. Mallett, 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 505, at page 771.
(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, and additional
funds held in suspense by Plaintiff.
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