PLEASE TAKE NOTICE that the Board of Zoning Appeals of Fayette County, West Virginia at the regular meeting on December 10, 2025, at 9:30 a.m. or immediately thereafter will consider the following Application to Close Unused Portion of a Right-of-Way Near Kanawha Falls, Valley District, Fayette County, West Virginia.
The hearing will be held in the County Commission Meeting Room on the first floor of the Fayette County Courthouse, Fayetteville, West Virginia. Protest Petitions may be filed on or before December 10, 2025.
APPLICATION TO CLOSE
UNUSED PORTION OF A
RIGHT-OF-WAY NEAR KANAWHA FALLS,
VALLEY DISTRICT, FAYETTE COUNTY, WEST VIRGINIA
Pursuant to the provision of West Virginia Code § 7-1-3h, the Applicant, Edward R. Scott, hereby files this verified application for the closing of a portion of an unused right-of-way, road, street or other travel way situate outside any municipality, and located in the community of Kanawha Falls, Valley District, Fayette County, West Virginia, and upon his oath, states as follows, to wit:
1. The Applicant Edward R. Scott is the owner of Lots 78, 80, 81, 82, 83, 84, 85, 86, and 87 of Fairview Addition to Kanawha Falls, Valley District, Fayette County, West Virginia, acquired by deed of Jacquelyn Barker to Edward Ray Scott and Vicki Lynn Scott, dated June 15, 2007, of record in Deed Book 631, at page 460. The said Vicki Lynn Scott died January 13, 2018, her one-half interest in the subject real estate passing to Edward Scott by survivorship,
There existed a certain twenty (20) foot right of way from West Virginia Secondary Route 13/2 to a turnaround area, approximately 115 to 120 feet from the bank of the Kanawha River, a portion of which was previously abandoned by Order of this Commission dated February 16, 2007, a copy of which is attached hereto.
That the flood of 2001 destroyed a large portion of the road located upon the right of way,
That the right of way provided access to lots owned by Edward Ray Scott and Vicki Lynn Scott,
That the property located on the southern side of the right of way is owned by this Commission,
That the property owned by this Commission is by virtue of the flood reclaimed and cannot be built upon,
That your Petitioner aided and assisted in the removal of the building and debris located upon the Commission's property and permitted access thereto through your Petitioner's property,
That your Petitioner seeks the abandonment of the right of way from the southwest corner of Lot 79, Tax Map 38C, parcel east to WV Secondary Rt. 13/2 which only provides access to the Commission property and that of Edward Ray Scott,
That the Commission would not be adversely affected by the abandonment of that portion of the right of way,
That the right of way and surrounding properties are shown upon a Plat thereof entitled "Plat Showing Survey for Edward Ray & Vicki Lynn Scott, Showing Several Lots Situate in the Fairview Addition to Kanawha Falls, Valley District, Fayette County, West Virginia", dated January 2001.
WHEREFORE, the Applicant respectfully requests that the County Commission close that certain unused, unnamed right of way, street or alley identified on the plat attached to this Application upon the finding that:
(a) All persons and entities having an interest in these proceedings have been notified pursuant to the provisions of West Virginia Code § 7-1-3h;
(b) The right of way, street or alley sought to be abandoned is an unused right of way;
The use and rights of no person or person in the unused, right of way, unnamed street or alley as aforesaid will be impaired or lost by the closing and vacation thereof;
(d) and for such other relief as the Commission deems appropriate.
EDWARD RAY SCOTT,
By Counsel