NOTICE IN THE CIRCUIT COURT OF WAYNE COUNTY, WEST VIRGINIA WEST VIRGINIA DEPARTMENT OF TRANSPORTATION, DIVISION OF HIGHWAYS, a State Agency, Petitioner, VS. WILLIAM M. ALLEN; UNKNOWN HEIRS OF MARLENE ALLEN; APPALACHIAN POWER COMPANY, a Virginia Corporation; and; RICK THOMPSON Sheriff of Wayne County Defendants. UPON PROCEEDINGS TO CONDEMN LAND FOR PUBLIC USE. PROJECT NO. E350-52/31-403.15 00; FEMA-4219(000) PARCEL NO. 3 CIVIL ACTION NO. 17-C-053 JUDGE: Hon. James H. Young Jr. ORDER OF PUBLICATION The object of the above entitled action is to condemn certain real estate for public purposes under the provisions of Code 54-2-14a of the Official Code of the State of West Virginia of 1931, as amended from those among those entitled thereto. The lands over, through and from which said rights of way and easements for said public purposes are proposed to be taken in the proceeding and the specific rights of way and easements therein, which are herein sought, are: All that certain property is situate in Lincoln District, Wayne County, West Virginia, and is more particularly bounded and described as follows, to-wit: NONCONTROLLED ACCESS RIGHT OF WAY BEGINNING at a point in the division line between the Heirs of Ermal Walker and William M. Allen, said point being in the southern existing right of way line of Wayne County Route 52/31 and 15 feet radially right of Wayne County Route 52/31 centerline at Station 12+74, Project E350-52/31-403.15 00, FEMA-4219(000), Wayne County, West Virginia; thence, easterly, with the meanders of said existing right of way line 44 feet, more or less, to a point in the southern proposed noncontrolled access right of way line of Wayne County Route 52/31, said point being 15 feet radially right of centerline at Station 13+25; thence, southerly, with said division line 10 feet, more or less, to a point 25 feet radially right of centerline at Station 13+25; thence, westerly, continuing with said proposed right of way line 50 feet, more or less, to a point in the division line between the Heirs of Ermal Walker and William M. Allen, said point being 25 feet radially right of centerline at Station 12+75; thence, thence, northerly, with said division line 10 feet, more or less, to the point of beginning and containing 498 square feet (0.01 acres), more or less. The tract of land hereinabove described is a portion of that same property conveyed to William M. Allen and Marlene Allen, his wife, by deed dated September 2, 1980 of record in the Clerk of the County Commission of Wayne County, West Virginia, in Deed Book 479 at Page 528. This deed contained no right of survivorship. Upon information and belief, Marlene Allen died November 4, 1989 in Kentucky. The Petitioner has been unable to locate full estate records for Marlene Allen. It appearing by affidavit filed in this action that there may be unknown heirs of the said Clarence H. Ramey, whose names are unknown to the Petitioner and who are made Defendants by the general description of unknown heirs of Marlene Allen. It is therefore Ordered that the above described person(s) do appear and serve upon Charles Houdyschell Jr., Petitioner's Attorney, whose address is P.O. Box 880, Huntington, WV 25712, an answer or other defense to the Application filed in this action on or before May 1, 2017, otherwise judgment by default will be taken against them at any time thereafter. A copy of said Petition/Application can be obtained from the undersigned Clerk at his office located at the Wayne County Courthouse 707 Hendricks, S. Court St, Wayne, WV 25570. Entered this 17th day of March, 2017. Milton J. Ferguson, Clerk/Deputy LH-51237 3-22,29; 2017
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