IN THE SPECIAL COURT OF
EMINENT DOMAIN
NEWTON COUNTY, MISSISSIPPI
MISSISSIPPI TRANSPORTATION
COMMISSION PLAINTIFF
VS.
CIVIL ACTION NO.22-CV-043-NWMD
WILLIAM H. CAINE, SUCCESSOR TRUSTEE OF THE MILLER TRUST AND CONTINUATION TRUST UNDER THE LAST WILL AND TESTAMENT OF ELMER S. MILLER, DECEASED; ANY UNKNOWN ASSIGNS, HEIRS-AT-LAW, DEVISEES, EXECUTORS, ADMINISTRATORS, LEGAL REPRESENTATIVES, OR ANY OTHER PERSONS OR PARTIES IN INTEREST HAVING OR CLAIMING ANY RIGHTS, TITLE OR INTEREST, LEGAL OR EQUITABLE, IN AND TO THE REAL PROPERTY DESCRIBED HEREIN BY AND THROUGH THE ESTATE OF MRS. J. A. THOMAS, DECEASED; AND ANY AND ALL OTHER PERSONS OR PARTIES IN INTEREST HAVING OR CLAIMING ANY RIGHTS TITLE OR INTEREST, LEGAL OR EQUITABLE, IN AND TO SAID REALPROPERTY
DEFENDANTS
SUMMONS BY PUBLICATION
THE STATE OF MISSISSIPPI
TO: ANY UNKNOWN ASSIGNS, HEIRS-AT-LAW, DEVISEES, EXECUTORS, ADMINISTRATORS, LEGAL REPRESENTATIVES, OR ANY OTHER PERSONS OR PARTIES IN INTEREST HAVING OR CLAIMING ANY RIGHTS, TITLE OR INTEREST, LEGAL OR EQUITABLE, IN AND TO THE REAL PROPERTY DESCRIBED HEREIN BY AND THROUGH THE ESTATE OF MRS. J. A. THOMAS, DECEASED; AND ANY AND ALL OTHER PERSONS OR PARTIES IN INTEREST HAVING OR CLAIMING ANY RIGHTS TITLE OR INTEREST, LEGAL OR EQUITABLE, IN AND TO SAID REALPROPERTY
Each of you has been made a Defendant in the Complaint for Special Court of Eminent Domain And To Confirm Title filed in Newton County, Mississippi, by the Mississippi Transportation Commission, Plaintiff, seeking condemnation of real property located and being situated in Newton County, Mississippi, and in which you have an interest in the following described property, to-wit:
The following descriptions are based on the Mississippi State Plane Coordinate System, East Zone, NAD 83/2011, grid values using a combined factor of 0.999945866 and a convergence angle of(-) 00 degrees 08 minutes 59.90 seconds as developed by the Mississippi Department of Transportation at the point of commencement of the following described parcel for Project No. 102367/201000. The intent of this description is to convey that portion of the Defendant's property lying within the proposed right of way as defined by said project and as shown on the Right of Way Acquisition Maps for said project.
Parcel 1
Commence at the Northwest corner of the Northeast One-Quarter (NE ¼) of the Southwest OneQuarter (SW ¼) of Section 19, Township 6 North, Range 12 East, Newton County, Mississippi, said corner locally represented by a recovered One Inch ( 1 ") iron pipe and is defined by state plane coordinates of N 1035741.688 and E 897687.470 on the above referenced coordinate system; run thence run thence South 9 Degrees 36 Minutes 23 Seconds West a distance of 4338.73 feet to a Three-Quarter Inch (3/4") capped iron rebar set on the proposed northern right of way line of US Highway 80, said iron being 90.00 feet northerly of and perpendicular to the survey centerline as established to reconstruct a part of US Highway 80 as shown on the right of way acquisition map for project number 102367-201000 at Station 1225+00.00, said point being defined by state plane coordinates of N 1031463. 794 and E 896963.438 of the above referenced system and hereinafter referred to as the POINT OF BEGINNING:
From the POINT OF BEGINNING, run thence along the proposed northern right of way line of US Highway 80 as follows:
North 63 Degrees 50 Minutes 10 Seconds East for a distance of 201.00 feet to a Three-Quarter Inch (3/4") capped iron rebar set 110.00 feet northerly of and perpendicular to the survey centerline as established to reconstruct a part of US Highway 80 at Station 1223+00.00;
Run thence North 38 Degrees 34 Minutes 58 Seconds East for a distance of 116.62 feet to a Three-Quarter Inch (3/4") capped iron rebar set 170.00 feet northerly of and perpendicular to the survey centerline as established to reconstruct a part of US Highway 80 at Station 1222+00.00;
Run thence North 70 Degrees 58 Minutes 43 Seconds East for a distance of 332.85 feet to a point on the east line of the Defendant's property, also being on the centerline of a creek or stream known as Potterchitto Creek, said point being referenced by a Three-Quarter Inch (3/4") capped iron rebar set North 70 Degrees 58 Minutes 43 Seconds East for a distance of 67.28 feet from point;
Run thence South 40 Degrees 54 Minutes 52 Seconds East along the east line of the Defendant's property and along the centerline of the last referenced creek for a distance of 92.52 feet to a point on the present northern right of way line of US Highway 80 said point being referenced by an existing 6x6 concrete right of way marking found in place North 69 Degrees 32 Minutes 48 Seconds East for a distance of 238.61 feet from point;
Run thence South 69 Degrees 32 Minutes 48 Seconds West along the last referenced present northern right of way line for a distance of 715.09 feet to a Three-Quarter Inch (3/4") capped iron rebar set on the proposed northern right of way line of US Highway 80, said iron being 75.00 feet northerly of and perpendicular to the survey centerline as established to reconstruct a part of US Highway 80 at Station 1225+50.00;
Run thence North 52 Degrees 50 Minutes 51 Seconds East along the last referenced proposed northern right of way line for a distance of 52.20 feet to the POINT OF BEGINNING.
The above described parcel contains ± 1.00 acres and is situated in a part of the Southwest OneQuarter (SW¼) of the Northwest One-Quarter (NW ¼) of Section 30, Township 6 North, Range 12 East, Newton County, Mississippi.
Parcel 2
Commence at the Northwest corner of the Northeast One-Quarter (NE ¼) of the Southwest OneQuarter (SW ¼) of Section 19, Township 6 North, Range 12 East, Newton County, Mississippi, said corner locally represented by a recovered One Inch ( l ") iron pipe and is defined by state plane coordinates of N 1035741.688 and E 897687.470 on the above referenced coordinate system; run thence South 4 Degrees 10 Minutes 33 Seconds West a distance of 4351.04 feet to a Three-Quarter Inch (3/4") capped iron rebar set on the proposed southern right of way line of US Highway 80, said iron being 110.00 feet southerly of and perpendicular to the survey centerline as established to reconstruct a part of US Highway 80 as shown on the right of way acquisition map for project number 102367-201000 at Station 1221 +40.00, said point being defined by state plane coordinates of N 1031402.202 and E 897370.632 of the above referenced system and hereinafter referred to as the POINT OF BEGINNING:
From the POINT OF BEGINNING, run thence along the bounds of the proposed southern right of way line of US Highway 80 as follows:
South 63 Degrees 50 Minutes 10 Seconds West for a distance of 201.00 feet to a Three-Quarter Inch (3/4") capped iron rebar set 130.00 feet southerly of and perpendicular to the survey centerline as established to reconstruct a part of US Highway 80 at Station 1223+40.00;
Run thence South 69 Degrees 32 Minutes 48 Seconds West for a distance of 30.00 feet to a Three-Quarter Inch (3/4") capped iron rebar set 130.00 feet southerly of and perpendicular to the survey centerline as established to reconstruct a part of US Highway 80 at Station 1223+ 70.00;
Run thence South 89 Degrees 40 Minutes 59 Seconds West for a distance of 159.77 feet to a Three-Quarter Inch (3/4") capped iron rebar set on the present southern right of way line of US Highway 80, said iron being 75.00 feet southerly of and perpendicular to the survey centerline as established to reconstruct a part of US Highway 80 at Station 1225+20.00;
Run thence North 69 Degrees 32 Minutes 48 Seconds East along the last referenced present southern right of way line for a distance of 420.00 feet to a Three-Quarter Inch (3/4") capped iron rebar set on the proposed southern right of way line of US Highway 80, said iron being75.00 feet southerly of and perpendicular to the survey centerline as established to reconstruct a part of US Highway 80 at Station 1221+00.00;
Run thence South 28 Degrees 21 Minutes 39 Seconds West along the last referenced proposed southern right of way line for a distance of 53.15 feet to the POINT OF BEGINNING.
The above described parcel contains ± 0.36 acres, and is situated in a part of the Southwest OneQuarter (SW ¼) of the Northwest One-Quarter (NW ¼) of Section 30, Township 6 North, Range 12 East, Newton County, Mississippi.
Parcel 1 and Parcel 2 contain in aggregate ± 1.36 acres.
The Defendant other than you in this action is William H. Caine, Successor Trustee of the Miller
Trust and Continuation Trust Under the Last Will and Testament of Elmer S. Miller, Deceased.
You are summoned to appear before the Honorable Mark Duncan, Judge of the Special Court of Eminent Domain of Newton County, Mississippi, or his successor, on June 9, 2022, at 9:00 o’clock A.M., in the Courtroom of the Scott County Courthouse, 100 E. 1st Street, Forest, Mississippi, 39074 and defend against this Complaint For Special Court of Eminent Domain And To Confirm Title, and in case of your failure to appear and defend, a Judgment may be entered for the things demanded in the Complaint.
You are hereby given notice that the Complaint filed in this cause requests the Court to grant the right of immediate title and possession upon the appointment of an appraiser pursuant to Section 11-27-83, Mississippi Code of 1972, Annotated, and that upon completion of service of process on all Defendants, an Order will be presented to the Court to appoint a disinterested knowledgeable person qualified to make an appraisal of the property described in the Complaint. Upon filing the appraisal by the court-appointed appraiser, each Defendant will be provided notice that the appraisal report has been filed and that upon completion of five (5) days notice thereof to the Defendants, Plaintiff will present an Order to the Court vesting and confirming immediate title and possession of the property as prayed for in the Complaint, unless for other cause shown or for uncertainty concerning the immediate public need for such property pursuant to Section 11-27-83, the Judge determines that such passing of title and right of entry should be denied.
You are hereby further given notice that not less than ten (10) days prior to June 9, 2022, you are required to serve by mail or hand deliver to Barry S. Zirulnik, Attorney for Plaintiff, whose address is 750 Woodlands Parkway, Suite 205, Ridgeland, Mississippi 39157, a written Statement of Values in accordance with Miss. Code Ann. Section 11-27-7 (1972) as amended. You must also file the original of your Statement of Values with the Clerk of this Court not less than ten (10) days prior to June 9, 2022, which shall be treated as pleadings in this action. The date of the filing of the Complaint herein is the 10th day of March, 2022. Failure to appear at the time and place mentioned and serve your Statement of Values as aforesaid may result in a judgment against you for the relief demanded.
Other than the Statement of Values, you are not required to file an Answer or other pleading, but you may do so if you desire.
ISSUED under my hand and the seal of said Court on this the 29th day of March, 2022.
MICHAEL L. BUTLER
CIRCUIT CLERK OF
NEWTON COUNTY, MISSISSIPPI
By: Penny Ford, D.C.
Publish Dates: April 6,
April 13 & April 20 2022
