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ORDER OF PUBLICATION
TO WHOM IT MAY CONCERN:
In this proceeding the Petitioner seeks to acquire by condemnation title to land situated in the County ot Rappahannock, Virginia described more particularly as follows, to wit: 0.06091 acre, more or less (246.5 square meters), of land of which 0.03966 acre (160.5 square meters) is included in the existing right ot way and 0.02125 acre, more or less. (86.0 square meters) is additional land. Said land is more particularly described by Certificate of Take C-799024 dated August 17. 1999 and recorded September 7, 1999 as Instrument #99-1582-2 in the Clerk s Office of this Court, and by an Amended Certificate ot Take, a copy of which has been filed as an exhibit to the Petition. Petitioner seeks to acquire said land for the uses and purposes of the Petitioner, which uses and purposes include the construction, reconstruction, alteration, maintenance, and repair of State Secondary Route 610, in Rappahannock County. Virginia. Reference should be made to the petition and exhibits attached thereto on tile in the office of the Clerk of this Court. By way of this proceeding Petitioner seeks, inter alia, indefeasible title to the land described in the Petition. Petitioner also seeks a trial before the court or, alternatively, the appointment ot condemnation jurors to ascertain just compensation as to the land taken by the Petitioner and damages to the residue, it any. For such purposes, the Petitioner will appear before the court, sitting at Washington. Virginia, on the 12th day May, 2008, at 10:00 o clock a m., or as soon thereafter as Petitioner may be heard, to request (1) the setting of a date for a hearing on pre-trial matters, if any, including questions, if any. around the procedures to be utilized, if deemed appropriate, in the appointment of condemnation jurors; and (2) the setting of a trial date for the determination of just compensation And it appearing by affidavit filed pursuant to Section 25.1-210 of the 1950 Code of Virginia, as amended that the following owners are or may be non-residents of the Commonwealth of Virginia, or that their names and addresses are not known and that diligent inquiry has been made on behalf of the Petitioner to ascertain such names and addresses within the Commonwealth of Virginia without effect: HARRISON MAHONEY, BERTHA WILLIAMS. AND ETHEL WILLIAMS. TRUSTEES OF CHESTER GAP PENTECOSTAL CHURCH OF CHESTER GAP. VIRGINIA or THEIR SUCCESSORS IN OFFICE, if any, addresses unknown and SHIRLEY ANNE WILLIAMS, address unknown. GARY STEVEN WILLIAMS, address unknown and DANIEL HARVEY WILLIAMS. ETHEL WILLIAMS. HOMER LEE WOODWARD. ELEANOR LEE WILLIAMS, GARFIELD B. WILLIAMS. NANNIE ELIZABETH WILLIAMS HURT. ELLA V. WILLIAMS, if they are living, or, if they are dead, then their widows or widowers and heirs, devisees and successors m title, who are made parties defendant by the general description of Parties Unknown ANY OTHER HEIRS. DEVISEES SUCCESSORS IN TITLE. AND OR SUCCESSORS IN OFFICE. IF ANY SUCH THERE BE. AND/OR ANY UNKNOWN PARTIES HAVING AN INTEREST IN THE LAND OR REVERSION OF WHICH THE AFORESAID TRUSTEES OR DANIEL HARVEY WILLIAMS. ETHEL WILLIAMS. HELEN V WILLIAMS WOODWARD, MILLER W WILLIAMS. GUSSIE MAE WILLIAMS, HERBERT DANIEL WILLIAMS. DORA MARIE WILLIAMS LEHEW, WINTER D WILLIAMS. VIRGINIA MILLS WILLIAMS KENNEY AND/OR JAMES E WILLIAMS DIED OR VACATED THEIR OFFICE. SEIZED AND POSSESSED, WHOSE NAMES AND ADDRESSES ARE UNKNOWN AND WHO ARE MADE PARTIES DEFENDANT BY THE GENERAL DESCRIPTION -PARTIES UNKNOWN*
and UNKNOWN SUCCESSOR TRUSTEES OR HEIRS OF DANIEL HARVEY WILLIAMS AND/OR ETHEL WILLIAMS, or their widow or widower, and heirs, devisees and successors in title. OR UNKNOWN SUCCESSORS IN OFFICE OR SUCCESSORS IN INTEREST, whose names and addresses are unknown and who are made parties defendant by the general description ot PARTIES UNKNOWN, and any other unknown heirs, devisees, successors in office and in title, it any such there be. and/or any unknown parties having an interest in the land, lands or interests in land, title of which the aforesaid trustees or Daniel Harvey Williams and/or Ethel Williams were, at the time of their deaths, or vacation of office, seized and possessed, whose names and addresses are unknown and who are made parties defendant by the general description of PARTIES UNKNOWN AND UNKNOWN OWNERS
IT IS ORDERED, therefore, that service by way of this Order of Publication is appropriate and that the aforesaid parties and/or owners shall therefore appear, on or before the 2nd day of May 2008. at 9 00 o clock a m , in the Courtroom of the Circuit Court of Rappahannock County, Vfrgihia. and do what is necessary to protect their interests, and it is further ordered that, if any of the above named owners desires to assert any objection or defense to the taking or damaging of the property or to the jurisdiction of the court to (1) hear this case and (2) to proceed with the setting of a trial date on the issue of just compensation before the court or condemnation jurors, as the case may be. he or she shall file his or her answer and grounds of defense designating the property in which he or she claims to be interested, trie grounds of any objection or defense to the taking or the damaging of his or her property or to the jurisdiction of the court to hear this case Should any such owner fail to file his or her answer and grounds of defense as hereinabove provided, such failure shall not preclude such owner from appearing on the dates set forth herein or the dates to be set consistent with this notice nor from presenting evidence as to the valuation of the property and damages to the residue, if any. nor from sharing in the award of just compensation according to his or her interest therein
ENTER: This 10 day of March. 2008
's/Diane Bruce
CLERK
I ASK FOR THIS /s/Pouqlas K Baumgardner Douglas K. Baumgardner Counsel for Commonwealth Transportation Commissioner of Virginia Baumgardner & Brown 211A Mam Street PO Box 270 J Washington, Virginia 22747-0270 Telephone 540-675 3617 Facsimile 540 675 3225 Virgmia State Bar No 15989
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