VIRGINIA: IN THE CIRCUIT COURT FOR THE CITY OF CHESAPEAKE VIRGINIA NATURAL GAS, INC., a …

VIRGINIA: IN THE CIRCUIT COURT FOR THE CITY OF CHESAPEAKE VIRGINIA NATURAL GAS, INC., a Virginia public service corporation, Petitioner, v. Case No. CL17-5302 LEVITT & SONS OF NORFOLK, INC. and its SUCCESSORS AND ASSIGNS Respondent, and 0.708 acre of land, more or less, located in the City of Chesapeake, Virginia. ORDER OF NOTICE OF PUBLICATION On this day came before the Court the Petitioner, Virginia Natural Gas, Inc., by counsel, on its Motion for Service by Order of Publication pursuant to Virginia Code § 25.1-210. The Court considered the motion and the affidavit of counsel for Petitioner. Upon consideration whereof, it is ORDERED that this Order of Notice of Publication be published in accordance with § 25.1-210 once a week for two consecutive weeks in the Virginian Pilot: In this proceeding, Petitioner seeks to acquire by condemnation an easement of right of way across and through land which is included in a parcel described as Tax Map Parcel # 1300000000571 in the City of Chesapeake, Virginia, for the construction, operation, and maintenance of facilities for the transportation and distribution of natural gas, all of which are described more particularly in the Petition for Condemnation and exhibits attached thereto on file in the office of the Clerk of this Court, to which reference is made for a full and accurate description thereof; and for the appointment of commissioners or the empanelment of a jury 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. Upon information and belief, the property over which the easement is sought is owned by the successors and assigns to Levitt & Sons of Norfolk, Inc. For such purposes, the Petitioner will apply to the court, sitting in the City of Chesapeake, Virginia, on the 31st day of January 2017, at 9 o'clock a.m., or as soon thereafter as Petitioner may be heard, for the appointment of commissioners or the empanelment of a jury to ascertain just compensation as aforesaid. And it appearing by affidavit filed according to law that the names and addresses of the owners are not known and that diligence has been used by and on behalf of the Petitioner to ascertain such names and addresses without effect: Levitt & Sons of Norfolk, Inc. and its Successors and Assigns, 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 Circuit Court of the City of Chesapeake 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 appointment of commissioners or the empanelment of a jury, he shall file his answer and grounds of defense designating the property in which he claims 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 appointment of commissioners or the empanelment of a jury for the determination of just compensation. Should any owner fail to file his answer and grounds of defense as hereinabove provided, such failure shall not preclude the owner from appearing on the date set for the appointment commissioners or the empanelment of a jury, nor from presenting evidence as to the valuation or 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. Additionally, Petitioner has filed with its Petition for Condemnation an Application for Entry pursuant to Virginia Code §§ 25.1-223 and 224 seeking authorization to enter upon the property prior to the trial on just compensation for the purpose of constructing its works or improvements thereon. A hearing on Petitioner's Application for Entry is scheduled for 31st day of January, 2017, at 9 o'clock a.m. in the Circuit Court for the City of Chesapeake. An extract, Teste: Alan P. Krasnoff, Clerk By: H. Tabetha Mason Robert W. Angle (VSB No. 90521) TROUTMAN SANDERS LLP 222 Central Park Avenue, Suite 2000 Virginia Beach, Virginia 23462 Telephone: (757) 687-7564 Facsimile: (757) 687-1524 woody.angle@troutmansanders.com Counsel for Petitioner VP 25583540A

Appeared in: 
The Virginian-Pilot
Published - The Virginian-Pilot : 12/28/2017, 01/04/2018