PUBLIC NOTICE

 

Notice is hereby given that Virginia Department of Transportation is requesting authorization from the Virginia Marine Resources Commission to install two additional travel lanes and associated road shoulders over 20 linear feet of the Blackwater River to widen the existing Route 460 highway to four travel lanes, install two additional travel lanes and associated road shoulder using a culverted crossing over  20 linear feet of Burnt Mills Swamp to widen the existing Route 460 highway to four travel lanes, and install four travel lanes and associated road shoulders over 750 linear feet of Ennis Mill Pond near Shiloh Drive and over 20 linear feet of Ennis Mill Pond between Shiloh Drive and the existing Route 460 highway as part of the Virginia Department of Transportation Route 460 Improvement Project in Isle of Wight County

 

Send Comments/inquiries within 15 days to:  Marine Resources Commission, Habitat Management Division, 2600 Washington Avenue, 3^rd Floor, Newport News, VA 23607

 

L15-175
12-9/1t
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Tax Map Number:   18-01-025

 

VIRGINIA:  IN THE CIRCUIT COURT OF ISLE OF WIGHT COUNTY

 

COMMISSIONER OF HIGHWAYS,

 

                                                Petitioner,

 

v.                                                                                 Case No.:  CL15000893-00

 

JERRY N. HARDY, SR.,

 

McDANIEL HARDY, SR.,

 

AUDREY H. HALL,

 

CAROLYN H. HALL,

 

THERESA H. HALL,

 

MARQUETTA H. MARTIN,

 

VANESSA H. TYNES,

 

MARK A. HARDY, SR.,

 

HAROLD P. HARDY, SR., or his heirs and devisees,

and their successors, if he be dead,

 

L. A. BAILEY, or his heirs and devisees,

and their successors, if he be dead,

 

IRENE E. TANNER, or her heirs and devisees,

and their successors, if she be dead, and

 

JULIA M. GRAY, or her heirs and devisees, and their successors,

if she be dead,

 

UNKNOWN OWNERS, who may be but are not limited to heirs, devisees, widows, widowers or successors in interest of and/or takers by right of descent order from JERRY N. HARDY, SR., McDANIEL HARDY, SR., AUDREY H. HALL, CAROLYN H. HALL, THERESA H. HALL, MARQUETTA H. MARTIN, VANESSA H. TYNES, MARK A. HARDY, SR., if some or all of them be dead, or from HAROLD P. HARDY, SR., L. A. BAILEY, IRENE E. TANNER, and/or  JULIA M. GRAY, or executors or administrators of the respective estates of JERRY N. HARDY, SR., McDANIEL HARDY, SR., AUDREY H. HALL, CAROLYN H. HALL, THERESA H. HALL, MARQUETTA H. MARTIN, VANESSA H. TYNES, MARK A. HARDY, SR., HAROLD P. HARDY, SR., L. A. BAILEY, IRENE E. TANNER, and/or  JULIA M. GRAY, or Others who may have an interest in the property,

 

-and-

 

Property as identified in Certificate of Take No. C-515010 recorded as Instrument #150002847  in the Clerk’s Office of the Circuit Court of the County of Isle of Wight, Virginia as “Parcel 001 – Being as shown on Sheet 3RW of the plans for Route 680, Stallings Creek Drive, State Highway Project 0680-046-580, RW-201 and beginning on the North (Left) Side of Route 680 Construction Baseline from a point in the lands of the landowner at approximate Station 12+58 to the lands now or formerly belonging to Donald E. Robertson and Diane Sue Robertson at approximate Station 14+97 and containing 6,807 square feet, more or less, land, of which 3,497  square feet is included in the existing right of way and 3,310 square feet, more or less, is additional land; together with the permanent right and easement to use the additional area shown as being required for the proper construction and maintenance of drainage ditch/structure opposite approximate Station 13+46 to opposite approximate Station 13+67 and containing 201 square feet, more or less; also together with the permanent right and easement to use the additional area shown as being required for the maintenance of bridge and slopes opposite approximate Station 13+97 to opposite approximate Station 14+97 and containing 542 square feet, more or less.”

                                               

Respondents.

 

ORDER OF PUBLICATION

 

To Whom It May Concern:

 

            The object of this proceeding is to acquire by condemnation Parcel 001, being as shown on Sheets 3, 3A and 3RW of the plans for Route 680, State Secondary System, State Highway Project 0680-046-580, R/W-201, containing 6,807 square feet, more or less, land, for the construction, reconstruction, alteration, maintenance, and repair of Route 680, State Secondary System, State Highway Project 0680-046-580, R/W-201, located in the County of Isle of Wight, Virginia, all of which is described more particularly in the Petition and Exhibits 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; 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 the Court, sitting at 17000 Josiah Parker Circle, Isle of Wight, Virginia, 23487 on the 6th day of January, 2016, at 9:00 A.M., or as soon thereafter as Petitioner may be heard, for the entry of an order confirming title and for the Court to ascertain just compensation as aforesaid.

            And it appearing by Affidavit filed according to law that the following owners are not residents of the Commonwealth of Virginia, or their names and addresses are not known and that diligence has been used by and on behalf of the petitioner to ascertain such names and addresses without effect: HAROLD P. HARDY, SR., or his heirs and devisees, and their successors, if he be dead, L. A. BAILEY, or his heirs and devisees, and their successors, if he be dead, IRENE E. TANNER, or her heirs and devisees, and their successors, if she be dead, and JULIA M. GRAY, or her heirs and devisees, and their successors, if she be dead, and UNKNOWN OWNERS, who may be but are not limited to heirs, devisees, widows, widowers or successors in interest of and/or takers by right of descent order from JERRY N. HARDY, SR., McDANIEL HARDY, SR., AUDREY H. HALL, CAROLYN H. HALL, THERESA H. HALL, MARQUETTA H. MARTIN, VANESSA H. TYNES, MARK A. HARDY, SR., if some or all of them be dead, or from HAROLD P. HARDY, SR., L. A. BAILEY, IRENE E. TANNER, and/or  JULIA M. GRAY, or executors or administrators of the respective estates of JERRY N. HARDY, SR., McDANIEL HARDY, SR., AUDREY H. HALL, CAROLYN H. HALL, THERESA H. HALL, MARQUETTA H. MARTIN, VANESSA H. TYNES, MARK A. HARDY, SR., HAROLD P. HARDY, SR., L. A. BAILEY, IRENE E. TANNER, and/or  JULIA M. GRAY, or Others who may have an interest in the property,

            It is ordered that the aforesaid owners do appear within ten (10) days after due publication of this order in the Clerk’s office of the Isle of Wight Circuit Court 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 his property or to the jurisdiction of the court to hear the case and to proceed with the empanelment of a jury, they shall file an answer and grounds of defense designating the property in which they claim to be interested, the grounds of any objection or defense to the taking or damaging of his property or to the jurisdiction of the court to hear the case and to proceed with the empanelment of a jury for the determination of just compensation.  Should any such owner fail to file his or her answer and grounds of defense as hereinabove provided, such failure shall not preclude the owner from appearing on the date set for entry of an order confirming title or the empanelment of a jury nor from presenting evidence as to valuation and damage nor from sharing in the award of just compensation according to his interest therein or otherwise protecting his rights, but such failure shall preclude such owner from any other defense by way of pleas in bar, abatement or otherwise.

IT IS FURTHER ORDERED that the foregoing portion of this order be published once a week for two successive weeks pursuant to § 25.1-210 of the Code of Virginia, 1950, as amended, in The Smithfield Times, a newspaper of general circulation in the County of Isle of Wight, Virginia, and that the Clerk of this Court shall post this Order at the front door of the courthouse.  

                                                                        Teste:

 

                                                                        Sharon N. Jones, Clerk

                                                                        Circuit Court of the County of Isle of Wight

 

 

                                                                        By Kathleen S. Torrence, CDC

                                                                                               

 

                                                                        Date:  12-1-15

 

 

 

I ask for this:

 

D. Rossen S. Greene, Esquire

VSB No. 74940

PENDER & COWARD, P.C.

117 Market Street

Suffolk, Virginia 23434

(757) 502-7345

Counsel for Petitioner, Commissioner of Highways

 

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