Eminent Domain

 

 

Context & Underlying Utility Project

• Project Name: Thornwood Waterline Extension Project (Pocahontas County Public Service District).
  
  
• Funding & Oversight: Funded through a combination of a Pocahontas County Commission (PCC) contribution, a U.S. Department of Housing & Urban Development (HUD) Community Development Block Grant (CDBG project 21CDBG0003), and West Virginia Infrastructure & Jobs Development Council (IJDC) loans and grants. Project administration is coordinated in conjunction with the Region 4 Planning and Development Council.
  
  
• Purpose: Extending municipal water and fire flow service along the upper Greenbrier Valley / Route 28 corridor toward Thornwood to serve approximately 59 residential and commercial customers.
  
  

The Condemnation Proceeding

• Civil Action: Pocahontas County Public Service District v. Melvin William Grimes, II, Troy McCoy, Shelly Giles, Natalie Schooley, Glenna Grimes, et al. (Civil Action No. 25-C-17, Circuit Court of Pocahontas County, before Judge Robert E. Richardson).
  
  
• Subject Matter: Eminent domain action under West Virginia Code Chapter 54 to acquire both a permanent utility right-of-way easement and a temporary construction easement for pipe installation, trenching, and staging.
  
  
• Special Counsel: Outside counsel Christopher D. Negley (initials "CDN") of Shuman, McCuskey & Slicer, PLLC, hired by the PSD to litigate rights-of-way acquisitions and title condemnations for the Thornwood project.
  
  
• Procedural Posture: An Order of Publication under West Virginia Rule of Civil Procedure 4(e) was triggered because personal service could not be perfected on Melvin William Grimes, II and Glenna Grimes (addresses unknown/unserved), requiring formal constructive notice before entry of default or appointment of condemnation commissioners.
  
  

Parcel & Chain of Title Breakdown

• Location: Upper East Fork Greenbrier / Thornwood area (Tax District: Green Bank District, Map 14, Parcel 4).
  
  
• Assessed Name: Melvin William Grimes.
  
  
• Deed Reference: Pocahontas County Deed Book 437, Page 382.
  
  
• Title Status: The grouping of defendants (Melvin William Grimes II, Troy McCoy, Shelly Giles, Natalie Schooley, Glenna Grimes) indicates an estate or heirship situation following the death of the record owner, leaving undivided fractional interests among dispersed family members. Because all co-tenants and potential heirs must be joined to secure clear, unencumbered utility title across the easement strip, the district initiated condemnation to extinguish unlocated ownership claims.

 

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This is a photograph of a legal notice (Order of Publication) published in a local newspaper regarding an eminent domain condemnation proceeding in Pocahontas County, West Virginia.

Case Overview

• Court: Circuit Court of Pocahontas County, West Virginia
  
  
• Presiding Judge: Judge Robert E. Richardson
  
  
• Civil Action No.: 23-C-17 (or 25-C-17)
  
  
• Plaintiff: Pocahontas County Public Service District (PSD)
  
  
• Defendants: Melvin William Grimes, II; Troy McCoy; Shelly Giles; Natalie Schooley; Glenna Grimes; et al.
  
  

Object of the Action

The Pocahontas County Public Service District is petitioning to condemn:

• A temporary construction easement
  
  
• A permanent easement
  
  

Property Description

• Location: Pocahontas County, West Virginia
  
  
• Tax Identification: Tax Map 14, Parcel 4
  
  
• Deed Reference: Deed Book 437, Page 382
  
  
• Assessed To: Melvin William Grimes
  
  

Purpose of the Publication & Procedural Directives

• Reason for Publication: The addresses for named defendants Melvin William Grimes, II and Glenna Grimes are unknown to the court and plaintiff, necessitating service by publication under West Virginia procedural rules.
  
  
• Plaintiff's Counsel: Christopher D. Negley, Esq. of Shuman, McCuskey & Slicer, PLLC, located at 1411 Virginia Street East, Suite 200, Charleston, WV 25301.
  
  
• Deadline: Defendants are directed to serve an answer or defense to the complaint on or before the stated deadline (appears to read October 12), or a default judgment will be entered against them.
  
  
• Clerk Attestation: Entered by Connie M. Carr, Circuit Clerk of Pocahontas County.