IN THE CIRCUIT COURT OF HARDY COUNTY, WEST VIRGINIA

IN THE CIRCUIT COURT OF HARDY COUNTY, WEST VIRGINIA

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

UPON PROCEEDINGS TO CONDEMN LAND FOR PUBLIC USE

-vs-

CIVIL ACTION NO. 26-C-13
PROJECT NO. X316-H-125.16 00
Parcel No. 19

CARROLL ROLLINGS HEARE, Jr.
MADJIE FRANCES HEARE, life tenant
JOSEPH BRYAN BENNETT
CAPON VALLEY BANK, A West Virginia banking corporation,
JACK H. WALTERS, Esq., Trustee for Capon Valley Bank
HOWARD E. KRAUSKOPF, Esq., Trustee for Capon Valley Bank
POTOMAC EDISON COMPANY, a foreign corporation authorized to do business in West Virginia,
NORTHERN VIRGINIA POWER COMPANY a defunct foreign corporation Address unknown,
SHERIFF OF HARDY COUNTY, West Virginia,

Respondents

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:

CONTROLLED ACCESS RIGHT OF WAY

BEGINNING at a point in the southern proposed controlled access line of proposed US Route 48, said point being in the division line between Brandon D. Hall, and Carroll Rollings Heare, Jr., et al. and 189 feet radially right of proposed US Route 48 centerline at Station 7560+09, Project X316-H-125.16 00, NHPP-0484(118), Hardy County, West Virginia;

thence, northwesterly, with said division line 448 feet, more or less, to a point 221 feet radially left of centerline at Station 7558+26;

thence, northeasterly, continuing with said division line 246 feet, more or less, to a point common to Brandon D. Hall, William B Warden Revocable Trust U/A DTD May 7, 2014 and Carroll Rollings Heare, Jr., et al., said point being 339 feet radially left of centerline at Station 7560+60;

thence, northeasterly, with said division line between William B Warden Revocable Trust U/A DTD May 7, 2014 and Carroll Rollings Heare, Jr., et al., 217 feet, more or less, to a point common to William B Warden Revocable Trust U/A DTD May 7, 2014, Joseph Bryan Bennett and Carroll Rollings Heare, Jr., et al., said point being 431 feet radially left of centerline at Station 7562+79;

thence, southeasterly, with said division line between Joseph Bryan Bennett and Carroll Rollings Heare, Jr., et al., 694 feet, more or less, to a point in the proposed controlled access line, said point being 209 feet radially right of centerline at Station 7565+59;

thence, westerly, with said proposed controlled access right of way line 578 feet, more or less, to the place of beginning and containing 6.49 acres, more or less.

NONCONTROLLED ACCESS RIGHT OF WAY

BEGINNING at a point in the division line between Brandon D. Hall, and Carroll Rollings Heare, Jr., et al., said point being in the southern proposed controlled access line of proposed US Route 48 and 189 feet radially right of proposed US Route 48 centerline at Station 7560+09, Project X316-H-125.16 00, NHPP-0484(118), Hardy County, West Virginia;

thence, easterly, with said proposed controlled access line 578 feet, more or less to a point in the division line between Joseph Bryan Bennett and Carroll Rollings Heare, Jr., et al., said point being in the southern proposed noncontrolled access right of way line of proposed US Route 48 and 209 feet radially right of centerline at Station 7565+59;

thence, southwesterly, with said proposed noncontrolled access right of way line 308 feet, more or less, to a point 395 feet radially right of centerline at Station 7563+32;

thence, westerly, continuing with said proposed noncontrolled access right of way line 108 feet, more or less, to a point 333 feet radially right of centerline at Station 7562+52;

thence, westerly, continuing with said proposed noncontrolled access right of way line 208 feet, more or less, to a point in the division line between Brandon D. Hall, and Carroll Rollings Heare, Jr., et al., said point being 324 feet radially right of centerline at Station 7560+60;

thence, northwesterly, with said division line 146 feet, more or less, to the place of beginning and containing 1.66 acres, more or less.

The tract of land hereinabove described is a portion of that same real estate conveyed unto Carroll Rollings Heare, Jr., subject to life estate of Madjie Frances Heare, from Madjie Frances Heare, by deed dated August 6, 2008, of record in the Office of the Clerk of the County Commission of Hardy County, West Virginia, in Deed Book 304 at Page 261.

The purpose of this project is entitled “Corridor H, Hardy County 23/12 to Virginia line”. Its purpose is to construct a new section of the Appalachian Corridor H in Hardy County, West Virginia.

1. The property taken is owned by Respondent Carroll Rollings Heare, Jr., subject to a life estate in Madjie Frances Heare and is assessed by Hardy County, West Virginia as Capon Corporation, Tax Map 294, Parcel 10. The public records on Hardy County, West Virginia reflect that Respondent Northern Virginia Power Company owns an interest in the subject property.

2. 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 “Flat Rock Slab bridge replacement”. The property proposed to be taken is designated as Parcel 19, 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.

3. Petitioner has made available in the West Virginia Division of Highways Right of Way Office of District 5, located at the West Virginia Dept. of Transportation, Division of Highways District 5 office, located at 2120 Northwestern Turnpike, Burlington, WV 26710, 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.

4. 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.

5. 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.

6. 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 ONE HUNDRED FIVE THOUSAND NINE HUNDRED DOLLARS ($105,900.00), 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: ___________________, 2026.

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

(Class II)
(Please Publish two successive weeks)