IN THE CIRCUIT COURT OF HARDY COUNTY, WEST VIRGINIA
WEST VIRGINIA DEPARTMENT OF UPON PROCEEDINGS TO
TRANSPORTATION, DIVISION OF CONDEMN LAND FOR
HIGHWAYS, a public corporation, PUBLIC USE
Petitioner, CIVIL ACTION NO. 25-C-41
-vs- PROJECT NO. X316-H-125.16 00
Parcel No. 39
ROBERT R. HENLY Judge H. Charles Carl, III
40129 Thomas Mill Rd.
Leesburg, VA 20175,
NORTHERN VIRGINIA POWER COMPANY
a defunct foreign corporation
Address unknown,
TOWN OF WARDENSVILLE
Wardensville Municipal Building
Wardensville, WV 26851,
POTOMAC EDISON COMPANY,
c/o C T Corporation System
5098 Washington St. W., Ste. 407
Charleston, WV 25313-1561, and
SHERIFF OF HARDY COUNTY, West Virginia,
Hardy County Courthouse
204 Washington St. #119
Moorefield, WV 26836
Respondents
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:
- That a Guardian ad litem be appointed for any Respondents known or determined to be under a disability.
- For determination of the right of Petitioner to condemn and appropriate for public road purposes the land indicated and described herein;
- That the Court enter an order that vests indefeasible 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;
- 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.
- 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 right of way line of proposed US Route 48, said point being in the division line between Laura Ann Sine Dove and Sherry Lynn Sine Wright, and Robert R. Henly and 344 feet radially right of proposed US Route 48 centerline at Station 7666+42, Project X316-H-125.16 00, NHPP-0484(118), Hardy County, West Virginia;
thence, northeasterly, with said division line 350 feet, more or less, to a point common to Laura Ann Sine Dove and Sherry Lynn Sine Write, Allen Jay Sine and Melissa Gail Sine, and Robert R. Henly, said point being 15 feet radially right of centerline at Station 7667+54;
thence, southeasterly, with the division line between Allen Jay Sine and Melissa Gail Sine, and Robert R. Henly 726 feet, more or less, to a point in the southern proposed controlled access right of way line, said point being 346 feet radially right of centerline at Station 7673+66;
thence, westerly, with said proposed controlled access right of way line 742 feet, more or less, to a point 350 feet radially right of centerline at Station 7667+00;
thence, westerly, continuing with said proposed controlled access right of way line 65 feet, more or less, to the place of beginning and containing 3.05 acres, more or less.
The tract of land hereinabove described is a portion of that same real estate conveyed unto Robert R. Henly, from Kelly A. Kipp, by deed dated October 11, 2023, of record in the Office of the Clerk of the County Commission of Hardy County, West Virginia, in Deed Book 370, at Page 655.
- The property taken is owned by Respondent Robert R. Henly and is assessed by Hardy County, West Virginia as Capon District, Tax map 294, Parcel 6.1.
- The property proposed to be taken is subject to easements and/or interests as follows: easements by Respondents Northern Virginia Power Company, the Town of Wardensville and Potomac Edison Company.
- 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.
- 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, Hardy County Route 23 to Virginia State Line”. The property proposed to be taken is designated as Parcel 39, 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.
- Petitioner has made available in the West Virginia Division of Highways Right of Way Office of District 5, located at 2120 Northwestern Turnpike, 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.
- 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.
- 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.
- 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 TWENTY-TWO THOUSAND SIX HUNDRED and 00/100 Dollars ($22,600.00), 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: May ___, 2026.
Original signed by clerk______
Clerk of the Circuit Court of
Hardy County, WV
