IN THE CIRCUIT COURT OF MARION COUNTY, WEST VIRGINIA
WEST VIRGINIA DEPARTMENT OF
TRANSPORTATION, DIVISION OF
HIGHWAYS, FORMERLY WEST
VIRGINIA DEPARTMENT OF
HIGHWAYS, A CORPORATION,
PETITIONER,
VS.
ALANA JEAN HESTON; MONONGAHELA POWER
COMPANY, d/b/a MON POWER, a Ohio corporation;
EQUITABLE RESOURCES, INC. Formerly
EQUITABLE GAS COMPANY, a Pennsylvania
corporation; and JIMMY RIFFLE, Sheriff-Treasurer,
RESPONDENTS.
UPON PROCEEDINGS TO CONDEMN
LAND FOR PUBLIC USE
PROJECT: U32S-79-131.72 00;
NHPP-0793(274)D
PARCEL NO.: 4
CASE NO.: (C-24-2021-C-38
NOTICE OF CONDEMNATION
TO ALL PERSONS KNOWN OR UNKNOWN WHO HAVE OR MAY HAVE AN INTEREST IN OR A CLAIM TO REAL ESTATE SITUATE IN GRANT DISTRICT, MARION COUNTY, WEST VIRGINIA, AS HEREINAFTER SPECIFICALLY DESCRIBED.
The object of this action is to appropriate the real estate hereafter described for public road purposes to ascertain just compensation to the owners thereof and other persons interested therein for an easement in, over, and through said lands, and damages, if any, to the residue of said lands, not taken, and for such further proceedings under Chapter 54, Article 2, Section 14a of the Code of West Virginia, as amended.
You are notified that on the April 26, 2021 at 1:30 p.m. or as soon thereafter as the matter can be heard, in Judge David R. Janes’ Courtroom, Marion County Courthouse, Fairmont, West Virginia, the petitioner will appear and present the petition herein and ask the Court for the right to enter and take possession of said lands and for such other relief as may be appropriate, at which time and place you may appear and protect your interests.
The lands to be condemned are situate in Grant District, Marion County, West Virginia.
A plat of the parcel containing a specific legal description is filed in said civil action, and in the office of the Clerk of the County Commission of Marion County, West Virginia, to which plat reference is hereby made for all pertinent purposes. A copy of the petition (with the plat attached thereto) can be obtained from the Clerk of the said Court. The land is more particularly described in Exhibit A attached hereto and made a part hereof.
NOTE: JIMMY RIFFLE, SHERIFF-TREASURER, named party respondent for real estate tax information purposes only.
At which time and place you may attend and protect your interest if you are so advised .
Dated this 3rd day of March, 2021.
WEST VIRGINIA DEPARTMENT OF
TRANSPORTATION, A CORPORATION,’
PETITIONER, BY COUNSEL
TO BE PUBLISHED: WEDNESDAY, MARCH 17, 2021 & WEDNESDAY, MARCH 24, 2021
Neal Jay Hamilton, Esquire
Hamilton Law Offices
902 Locust Avenue, Suite #3
P. O. Box 509
Fairmont, WV 26555-0509
304-366-0573
Counsel for Petitioner
EXHIBIT A
DESCRIPTION OF PROPERTY AFFECTED
Project U325ยท,79-131.72 00, NHPP-0793(274)D
Parcel 4
Alana J. Pender Heston
TRACT 1- CONTROLLED ACCESS RIGHT OF WAY
BEGINNING at a point in the southern proposed controlled access right of way line of 1-79, said point being in the southern existing controlled access right of way line of 1-79 and 80 feet right of and at right angle to 1-79 centerline at Station 293+43, Project U325-79-131.72 00, NBPP-0793(274)D, Marion County, West Virginia;
thence, northeasterly, meandering with said existing controlled access right of way line 100 feet, more or less, to a point in the southern existing right of way line of Marion County Route 60, said point being 53 feet right of and at right angle to centerline at Station 294+37;
thence, southeasterly, meandering with said existing right of way line 27 feet, more or less, to a point in the proposed controlled access right of way line, said point being 80 feet right of and at right angle to centerline at Station 294+38;
thence, southwesterly, with said proposed controlled access right of way line 95 feet, more or less, to the place of beginning and containing 1,722 square feet (0.04 acres) more or less.
TRACT 2 – TEMPORARY CONSTRUCTION
EASEMENT
BEGINNING at a point in the southern proposed temporary construction easement line of 1-79, said point being in the southern existing controlled access right of way line of I-79 and 150 feet right of and at right angle to 1-79 centerline at Station 292+00, Project U325-79-131.72 00, NHPP-0793(274)D, Marion County. West Virginia;
thence, northeasterly, meandering with said existing controlled access right of way line 159 feet, more or less, to a point in the southern proposed controlled access right of way line of 1-79, said point being 80 feet right of and at right angle to centerline at Station 293+43;
thence, northeasterly, with said proposed controlled access right of way line 95 feet, more or less, to a point in the southern existing right of way line of Marion County Route 60, said point being 80 feet right of and at right angle to centerline at Station 294+38;
thence, southeasterly, meandering with said existing right of way line 70 feet, more or less, to a point in the proposed temporary construction easement line, said point being 150 feet right of and at right angle to centerline at Station 294+40;
thence, southwesterly, with said proposed temporary construction easement line 240 feet, more or less, to the place of beginning and containing 12,141 square feet, more or less.
The tracts of land hereinabove described are a portion of that same real estate conveyed unto Mary G. Pender, by the following four deeds:
(1) from Alta Gail Huffman Moore and Jacob A. Moore, her husband, by deed dated September 20,1966, of record in the Office of the Clerk of the County Commission of Marion County, West Virginia, in Deed Book 707 at Page 408;
and
(2) from Charles Ray Huffman and Alta M. Huffman, his wife, by deed dated September 20,1966, of record in the aforesaid Clerk’s Office in Deed Book 707 at Page 412; and
(3) from Wilbur C. Huffman. Jr. and Wanda Huffman, his wife, Benjamin E. Huffman and Donna Huffman, his wife, and Robert P. Huffman and Adrienne V. Huffman his wife, by deed dated September 20, 1966, of record in the aforesaid Clerk’s Office in Deed Book 707 at Page 415; and
(4) from Frank Sansalone, Special Commissioner of the Circuit Court of Marion County, West Virginia, by deed dated November 30, 1966, of record in the aforesaid Clerk’s Office in Deed Book 707 at Page 419.
The said Mary G. Pender died testate on January 22, 2010, and by the terms of her Last Will and Testament, dated September 14, 1981, of record in the aforesaid Clerk’s Office, in Will Book 125 at Page 43, interest in said real estate was devised unto Alana Jean Heston.
Times: March 17, 24, 2021
Sponsored by ZMM Architects and Engineers