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In tins proceeding the Petitioner seeks to acquire by condemnation certain perpetual rights, privileges and easement of right of way over, upon and across a certain piece or parcel of land situated in Rappahannock County, Virginia, for the uses and purposes of the Petitioner in the construction, operation and maintenance of electric transmission and distribution facilities, consisting of one or more lines of poles, towers or structures, together with all wires, attachments, equipment, accessories and appurtenances desirable in connection therewith, all of which are described more particularly in the Petition and by the exhibit attached thereto on file in the Office of the Clerk of this Court, to which reference is hereby made for a full and accurate description thereof; for the appointment of commissioners to ascertain just compensation to the Owners of any estate or interest in the property to be taken or affected as a result of the taking and use thereof by the Petitioner.
For such purposes, the Petitioner will apply to this Court sitting at Washington, Virginia on the 14th day of March, 1977, at 10:00 o’clock, a.m., or as soon thereafter as Petitioner may be heard, for the appointment of commissioners to ascertain just compensation as aforesaid.
And it appearing that there may be additional heirs, devisees and successors in title to James Togan, deceased, the names and addresses of whom are unknown, and that diligence has been used by or on behalf of the Petitioner to ascertain these names or addresses without effect.
IT IS ORDERED that all heirs, devisees and successors in title of James Togan, deceased, do appear within ten (10) days after due publication of this Order in the Clerk’s Office of this Court and do what is necessary to protect their respective interests.
IT IS FURTHER ORDERED that if any of die above named owners desire to assert any objection or defense to the taking or damaging of their property or to the jurisdiction of the Court to hear the case and to proceed with the appointment of commissioners, they shall file their answer and grounds of defense designating the property in which they claim to be interested, the grounds of any objection or defense to the toM"g or damaging of their property or to the jurisdiction of the Court to hear the case and to proceed with the appointment of commissioners for the determination of just compensation. Should any such Owners fail to file their answer and grounds of defense as hereinabove provided, such failure shall not preclude the Owners from appearing on the date set for the appointment of commissioners nor from present^ evidence as to valuation and damage nor from sharing in the award of just compensation according to their interesta therein or otherwise proteetbv their rights, bid such failure shall preclude such Owners from any other defense by way of pleas in bar, »»»«*—»ient or otherwise.
IT IS FURTHER ORDERED that this Order be published once a week for two successive weeks in The Rappabnonoek News, a newspaper published in the Town of Washii«ton, Virginia, and of general circulation in Rappahannock County, Virginia.
IT IS FURTHER ORDERED that a copy of this Order be posted at the front door of the Court House of tins Court not less than ten (10) days before the application for appointment of commissioners is made herein.
Dated: 2-4-1977 Enter this: t /s/ E. M. JONES
We ask for this: /s/ THOMAS V. MONAHAN Counsel for Petitioner 3-3-k
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