WEST VIRGINIA DEPARTMENT OF TRANSPORTATION, DIVISION OF HIGHWAYS, a public corporation,

IN THE CIRCUIT COURT OF HARDY COUNTY, WEST VIRGINIA

WEST VIRGINIA DEPARTMENT OF
TRANSPORTATION, DIVISION OF
HIGHWAYS, a public corporation,

Petitioner,

-vs-

THE JAMES AND VERONICA HAERER
FAMILY TRUST DATED NOVEMBER 6, 2023,
JAMES P. HAERER, Trustee of the Haerer
Family Trust dated November 6, 2023
4211 Landing Ln., Dunkirk, MD 20754
VERONICA HAERER, Trustee of the Haerer
Family Trust dated November 6, 2023
4211 Landing Ln., Dunkirk, MD 20754
HILTON B. LAMPHEAR, Sr.,
Address unknown
MARJONE LAMPHEAR,
Address unknown
HARDY TELECOMMUNICATIONS, INC., a West Virginia corporation
c/o David B. Sherman, 2255 Kimseys Run Rd., Lost River, WV 26810
POTOMAC EDISON COMPANY,
a foreign corporation authorized to do
business in West Virginia, c/o C T Corporation System
5098 Washington St. W., Ste. 407, Charleston, WV 25313-1561,
NORTHERN VIRGINIA POWER COMPANY
a defunct foreign corporation
Address unknown,
SHERIFF OF HARDY COUNTY, West Virginia,
Hardy County Courthouse
204 Washington St. #119, Moorefield, WV 26836

Respondents

UPON PROCEEDINGS TO
CONDEMN LAND FOR
PUBLIC USE

CIVIL ACTION NO. 26-C-2
PROJECT NO. X316-H-125.16 00
Parcel No. 34
Judge H. Charles Carl, III

ORDER OF PUBLICATION

The object of the above-entitled action is to condemn land for public use and for the Court to establish and determine by decree:

1. That a Guardian ad litem be appointed for any Respondents known or determined to be under a disability.

2. For determination of the right of Petitioner to condemn and appropriate for public road purposes the land indicated and described herein;

3. That the Court enter an order that vests defeasible title in Petitioner and permits the land sought to be condemned to be at once entered upon, possessed, appropriated and used for the purposes stated in this Petition, pursuant to Chapter 54, Article 2, Section 14a of the Official Code of West Virginia, 1931, as amended;

4. That such other and further proceedings may be had in the premises as shall conform to law, and that upon payment of the compensation and damages thus ascertained, the indefeasible title to such right of way easements shall be vested in the West Virginia Department of Transportation, Division of Highways.

5. The property sought to be condemned in this proceeding lies wholly in the Capon District, Hardy County, West Virginia, and is described as follows:

TRACT 1 – CONTROLLED ACCESS RIGHT OF WAY

BEGINNING at a point in the southern proposed controlled access right of way line of proposed US Route 48, said point being in the division line between Raymond Boteler and James P. Haerer, et al. and 185 feet right of and at right angle to proposed US Route 48 centerline at Station 7624+46, Project X316-H-125 16 00, NHPP-0484(118), Hardy County, West Virginia.
thence, easterly, with said division line 888 feet, more or less, to a point common to Raymond Boteler, Dennis J. Torboli and Toni A. Torboli, and James P. Haerer, et al., said point being 21 feet right of and at right angle to centerline at Station 7633+14;
thence, easterly, with the division line between Dennis J. Torboli and Toni A. Torboli, and James P. Haerer, et al. 561 feet, more or less, to a point common to Dennis J. Torboli and Toni A. Torboli, James P. Haerer, et al. and James P. Haerer, et al., said point being 46 feet left of and at right angle to centerline at Station 7638+71;
thence, southwesterly, with the division line between James P. Haerer, et al. and James P. Haerer, et al. 376 feet, more or less, to a point in the southern proposed controlled access right of way line, said point being 319 feet right of and at right angle to centerline at Station 7637+76;
thence, northwesterly, with said proposed controlled access right of way line 881 feet, more or less, to a point 220 feet right of and at right angle to centerline at Station 7629+00;
thence, northwesterly, continuing with said proposed controlled access right of way line 431 feet, more or less, to the place of beginning and containing 5.96 acres, more or less.

TRACT 2 – NONCONTROLLED ACCESS RIGHT OF WAY

BEGINNING at a point in the eastern existing right of way line of Hardy County Route 5/1 (Waites Run Road), said point being in the division line between Raymond Boteler and James P. Haerer, et al. and 341 feet right of and at right angle to proposed US Route 48 centerline at Station 7616+08, Project X316-H-125 16 00, NHPP-0484(118), Hardy County, West Virginia.
thence, easterly, with said division line 30 feet, more or less, to a point in the eastern proposed noncontrolled access right of way line of relocated Hardy County Route 5/1 (Waites Run Road), said point being 336 feet right of and at right angle to centerline at Station 7616+36;
thence, southerly, with said proposed noncontrolled access right of way line 74 feet, more or less, to a point 403 feet right of and at right angle to centerline at Station 7616+69;
thence, southwesterly, continuing with said proposed noncontrolled access right of way line 47 feet, more or less, to a point in the existing right of way line, said point being 450 feet right of and at right angle to centerline at Station 7616+64;
thence, northerly, meandering with said existing right of way line 122 feet, more or less, to the place of beginning and containing 2,626 square feet (0.06 acre), more or less.

TRACT 3 – TEMPORARY CONSTRUCTION EASEMENT

BEGINNING at a point in the southern proposed temporary construction easement line of proposed US Route 48, said point being in the southern proposed controlled access right of way line of proposed US Route 48 and 248 feet right of and at right angle to proposed US Route 48 centerline at Station 7631+50, Project X316-H-125 16 00, NHPP-0484(118), Hardy County, West Virginia;
thence, southeasterly, with said proposed controlled access right of way line 151 feet, more or less, to a point in the southern proposed temporary construction easement line, said point being 265 feet right of and at right angle to centerline at Station 7633+00;
thence, southerly, with said proposed temporary construction easement line 25 feet, more or less, to a point 290 feet right of and at right angle to centerline at Station 7633+00;
thence, westerly, continuing with said proposed temporary construction easement line 150 feet, more or less, to a point 290 feet right of and at right angle to centerline at Station 7631+50;
thence, northerly, continuing with said proposed temporary construction easement line 42 feet, more or less, to the place of beginning and containing 4,989 square feet (0.11 acre), more or less.
The tracts of land hereinabove described are a portion of that same real estate conveyed unto James P. Haerer and Veronica J. Haerer, Trustees, or any successors in trust, under the James and Veronica Haerer Family Trust dated November 6, 2023, from James P. Haerer and Veronica Haerer, Trustees, under the Haerer Family Trust dated April 21, 2006, by special warranty deed dated December 12, 2023, of record in the Office of the Clerk of the County Commission of Hardy County, West Virginia, in Deed Book 372, at Page 220.

The purpose of this project is entitled “Corridor H, Hardy County Route 23 to Virginia State Line”. Its purpose is to construct a new section of the Appalachian Corridor H in Hardy County, West Virginia. The said road is to be a part of the system of primary roads and highways of the State.

1. The property taken is owned by Respondents The James and Veronica Haerer Family Trust Dated November 6, 2023, James P. Haerer, Trustee of the Haerer Family Trust Dated November 6, 2023 and Veronica Haerer, Trustee of the Haerer Family Trust Dated November 6, 2023 and is assessed by Hardy County, West Virginia as Capon District, Tax map 294, Parcel 6.2.

2. The property proposed to be taken is subject to easements and/or interests as follows:
   a. The Respondent James and Veronica Haerer Family Trust dated November 6, 2023, was conveyed the subject property by James P. Haerer and Veronica Haerer, Trustees under the Haerer Family Trust dated April 21, 2006, by special warranty deed dated December 12, 2023, of record in the Office of the Clerk of the County Commission of Hardy County, West Virginia, in Deed Book 372, at Page 220. Respondents James Haerer and Veronica Haerer are Trustees of the Respondent Trust.
   b. Hilton B. Lamphear, Sr. and Marjone Lamphear are the grantees and beneficiaries of that easement of right of way set forth in that Deed dated April 8, 1965 and recorded in the Office of the Clerk of the County Commission of Hardy County in Deed Book 112, page 583. Said right of way is not exclusive and is also to be used by the grantor and his heirs or assigns.
   c. Northern Virginia Power Company is named as the grantee and beneficiary of that Right of Way Agreement dated January 30, 1947 and recorded in the Office of the Clerk of the County Commission of Hardy County in Deed Book 79, page 151; and of that Right of Way Agreement dated March 10, 1952 and recorded in the said Clerk’s office in Deed Book 85, page 199.
   d. Potomac Edison Company of West Virginia is named as the grantee and beneficiary of that Right of Way Agreement dated March 13, 1972 and recorded in the said Clerk’s office in Deed Book 128, page 264.
   e. Hardy Telecommunications, Inc. is the grantee and beneficiary of that Right of Way Agreement dated May 24, 2013, recorded in the said Clerk’s office in Deed Book 327, page 561 for the purpose of constructing, reconstructing, repairing, operating, inspecting and maintaining telecommunications, transmission, data and information lines and cables, including the placement of remote switching equipment as well as all necessary poles, anchors, wires, conduits, trenches, cables and fixtures, over and along the property.

3. Petitioner further states that by virtue of the authority vested in it by the laws of this State, it has determined that the aforementioned property is necessary for public use as a part of the State Road System of West Virginia, and deeming it to be necessary for such State Road purposes, it has designated and is in the process of planning the construction and/or is constructing a certain public road or highway to be known as “Corridor H, Wardensville to Virginia line”. The property proposed to be taken is designated as Parcel 4, Project No. X316-H-125 16 00, which will become a part of the State Road System of this State, will be used for public road purposes, will be maintained by DOH, and will be of benefit to the general public. The project upon completion will result in a public road in the state road system under the control and jurisdiction of Petitioner pursuant to West Virginia Code §17-2A-8.

4. Petitioner has made available in the West Virginia Division of Highways Right of Way Office of District 5, located in Burlington, West Virginia, a set of plans or maps for the project showing the planned construction. A true and correct copy of the plan or map relating to the property on which the road is to be constructed is attached to the Petition as Exhibit A.

5. Insofar as Petitioner has been able to ascertain, title to the land adversely affected and which is proposed to be taken as described herein is vested in the name of the Respondents.

6. The following liens affect the subject property, and must be paid out of the Commissioners’ award and/or jury verdict:
   (a) Any unpaid real property taxes; and
   (b) To the extent appropriate, the foregoing abstracts of judgment, rights of way agreements or deeds, utility easements and oil and gas leases.

7. Petitioner represents that it has been unable to agree with Respondent as to the sum of just compensation for the parcel to be taken, and that Petitioner has heretofore tendered to Respondent the sum of FIFTY-FOUR THOUSAND EIGHT HUNDRED and 00/100 Dollars ($54,800.00), which is the amount Petitioner estimates to be the fair market value of the surface of the property, or estate, right or interest therein sought to be condemned, including all damages, if any, to the residue, beyond all benefits, if any, to be derived by the residue by reason of the taking, and also for any and all damages or compensation of any nature whatsoever to which the Respondent is entitled, arising directly or indirectly from the construction and maintenance of a highway or the improvement and maintenance of said land and adjoining lands for highway purposes or from work performed or material placed upon or removed from said land or any adjoining lands, and that the compensation herein provided is for any and all damages to the residue of any lands retained by the Respondent. Petitioner, therefore, institutes this proceeding under W.Va. Code § 54-2-14a.

A copy of the said PETITION OF THE WEST VIRGINIA DEPARTMENT OF TRANSPORTATION, DIVISION OF HIGHWAYS, TO CONDEMN LAND FOR PUBLIC USE can be obtained from the undersigned Clerk at his or her Office.

ENTERED by the Clerk of said Court: January __, 2026.

Original signed by clerk
Clerk of the Circuit Court of
Hardy County, WV

(Class II)
(Please Publish two successive weeks)