IN THE CIRCUIT COURT
OF WOOD COUNTY,
WEST VIRGINIA
WEST VIRGINIA DEPARTMENT OF TRANSPORTATION, DIVISION OF HIGHWAYS,
Petitioner,
v.
CASE NO.: 21-C-79
PROJECT NO.: U354-2-23.1107,
NHPP-0002(595)D PARCEL NO. 86
UNKNOWN BENEFICIARIES, HEIRS, SUCCESSORS AND ASSIGNS OF
GERALD R. WILSON,
deceased;
HOPE GAS, Inc, a West Virginia corporation; UNION WILLIAMS PUBLIC SERVICE DISTRICT,
a public body corporate organized under the laws of the State of West Virginia; and
WOOD COUNTY SHERIFF/
TREASURER,
Respondents.
ORDER 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 the expansion of West Virginia Route 2 to improve traffic flow and ingress/egress, as part of the Project “Parkersburg to St. Marys,” designated as Project No. U354-2-23. 1107, NHPP-0002(595)D, the property proposed to be condemned being a part of Parcel No. 86 of the Project, as designated in the set of plans or maps for the project available for review in the DOH offices of District 3 located in Parkersburg, West Virginia.
The property to be condemned for the purpose aforesaid is more particularly described as
NONCONTROLLED
ACCESS RIGHT OF WAY
BEGINNING at a point in the northern existing right of way line of West Virginia State Route 2 {WV 2), said point being in the division line between Richard B. Beall and Gerald Wilson and 57 feet left of and at right angle to relocated WV 2 centerline at Station 298+ 15, Project U354- 2-23.11 07, NHPP-0002(595)D, Wood County, West Virginia; thence, northerly, with said division line 21 feet, more or less, to a point in the northern proposed noncontrolled access right of way line of relocated WV 2, said point being 77 feet left of and at right angle to centerline at Station 298+ 18; thence, N64*35’35″E, with said proposed noncontrolled access right of way line, parallel to centerline, 8 feet, more or less, to a point 77 feet left of and at right angle to centerline at Station 298+26; thence, easterly, continuing with said proposed noncontrolled access right of way line 154 feet, more or less, to a point in the existing right of way line, said point being 54 feet left of and at right angle to centerline at Station 299+78; thence, southwesterly, meandering with said existing right of way line 164 feet, more or less, to the place of beginning and containing 1,757 square feet, more or less.
The tract of land hereinabove described is a portion of that same real estate conveyed unto Gerald Wilson from Virginia Lee Wilson, by deed dated August 29, 2012, ofrecord in the Office of the Clerk of the County Commission of Wood County, West Virginia, in Deed Book 1187, at Page 751. The said Virginia Lee Wilson reserved unto herself a life estate. Virginia Lee Wilson died on or about December 28, 2014, thereby extinguishing her life estate interest.
And it appearing that the said Gerald Wilson, also known as Gerald R. Wilson and Gerald Richard Wilson, died on or about December 21, 2020, a resident of Wood County, West Virginia, and his estate not having been admitted to probate, the identity and whereabouts of his heirs at law and/or the beneficiaries of his estate is unknown, the unknown beneficiaries, heirs, successors and assigns of Gerald R. Wilson are hereby notified that the above-styled condemnation proceeding was instituted in this Court on March 25, 2021, to take and appropriate the above described property for the purposes aforesaid, in which the above-named Respondents may have an interest upon the payment of just compensation.
You may view and request a copy of the Petition filed by the West Virginia Department of Transportation, Division of Highways, from the Clerk of the Circuit Court of Wood County, West Virginia. You may protect your interests in this action by serving your Answer to the Petition on James E. Garvin, Attorney at Law, counsel for the Petitioner, at the Division of Highways, Legal Division, Building 5, Room A-517, 1900 Kanawha Boulevard, East, Charleston, West Virginia 25305. You are required to serve your Answer within forty-five (45) days; if you fail to do so, judgment by default may be taken against you for the relief demanded in the Petition and you will thereafter be barred from asserting in another action any claim you may have which may be asserted by counterclaim in the above-styled civil action. Further, after service upon you by publication in the manner prescribed by law, a hearing may be scheduled in this Court for the appointment of Commissioners to determine just compensation for the land taken and for damages to the residue, if any, and for all other proceedings to be held and had as may be proper, at which hearing you may appear to protect your interests in the property.
Dated this March 25, 2021.
ATTEST:
Celeste Ridgway
Clerk of Court of
Wood County, West Virginia
by: T Williams Deputy
Apr 1,8