in the special court of
eminent domain
newton county, mississippi
MISSISSIPPI TRANSPORTATION
COMMISSION
PLAINTIFF
VS.
CIVIL ACTION NO.22-CV-059-NWMD
COLWELL TURNER (a/k/a Caldwell Turner and Charlie Caldwell Turner) AND IF DECEASED, ANY AND ALL 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 COLWELL TURNER, DECEASED; BESSIE TURNER SAVAGE, EASTHER WASH, AND SHEDRICK TURNER AND IF ANY BE DECEASED, ANY AND ALL 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 RESPECTIVE ESTATES OF BESSIE TURNER SAVAGE, DECEASED, EASTHER WASH, DECEASED AND SHEDRICK TURNER, DECEASED; GANESTA CRAFT; 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 REAL PROPERTY DEFENDANTS
ALIAS SUMMONS BY PUBLICATION
THE STATE OF MISSISSIPPI
TO: COLWELL TURNER (a/k/a Caldwell Turner and Charlie Caldwell Turner) AND IF DECEASED, ANY AND ALL 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 COLWELL TURNER, DECEASED; BESSIE TURNER SAVAGE, EASTHER WASH, AND SHEDRICK TURNER AND IF ANY BE DECEASED, ANY AND ALL 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 RESPECTIVE ESTATES OF BESSIE TURNER SAVAGE, DECEASED, EASTHER WASH, DECEASED AND SHEDRICK TURNER, DECEASED; GANESTA CRAFT; 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 REAL PROPERTY.
Each of you has been made a Defendant in the Complaint for Special Court of Eminent Domain 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 0.99994592 and a convergence angle of(-) 00 degrees 08 minutes 59.85 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 1/4) of the Northwest OneQuarter (NW¼) of Section 30, Township 6 North, Range 12 East, Newton County, Mississippi, said corner locally represented by a recovered One-Half Inch ( 1/2") rebar and is defined by state plane coordinates of N 1033086.530 and E 897670.960 on the above referenced coordinate system; run thence South 03 Degrees 19 Minutes 08 Seconds West a distance of 1314.74 feet to a ThreeQuarter Inch (3/4") capped rebar set on the proposed northern right of way line of US Highway 80, said point being 160.00 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 1218+00.00, said point being defined by state plane coordinates of N 1031773.992 and E 897594.847 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 last referenced proposed northern right of way as follows:
North 58 Degrees 14 Minutes 12 Seconds East for a distance of 101.98 feet to a Three-Quarter inch (3/4") capped rebar set 180.00 feet northerly of and perpendicular to the survey centerline as established to reconstruct a part of US Highway 80 at Station 1217+00.00;
Run thence North 72 Degrees 43 Minutes 36 Seconds East for a distance of 90.14 feet to a Three-Quarter Inch (3/4") capped re bar set 175.00 feet northerly of and perpendicular to the survey centerline as established to reconstruct a part of US Highway 80 at Station 1216+ 10.00;
Run thence North 34 Degrees 33 Minutes 15 Seconds East for a distance of 61.03 feet to a Three-Quarter Inch (3/4") capped rebar set 210.00 feet northerly of and perpendicular to the survey centerline as established to reconstruct a part of US Highway 80 at Station 1215+60.00;
Run thence North 69 Degrees 32 Minutes 48 Seconds East for a distance of 60.00 feet to a Three-Quarter Inch (3/4”) capped rebar set 210.00 feet northerly of and perpendicular to the survey centerline as established to reconstruct a part of US Highway 80 at Station 1215+00.00;
Run thence South 86 Degrees 13 Minutes 33 Seconds East for a distance of 109.66 feet to a point 165.00 feet northerly of and perpendicular to the survey centerline as established to reconstruct a part of US Highway 80 at Station 1214+00.00;
Run thence North 80 Degrees 51 Minutes 24 Seconds East for a distance of 101.98 feet to a Three-Quarter Inch (3/4") capped rebar set 145.00 feet northerly of and perpendicular to the survey centerline as established to reconstruct a part of US Highway 80 at Station 1213+00.00;
Run thence North 74 Degrees 32 Minutes 50 Seconds East for a distance of 401.53 feet to a Three-Quarter Inch (3/4") capped 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 1209+00.00;
Run thence North 47 Degrees 44 Minutes 44 Seconds East for a distance of 53.85 feet to a Three-Quarter Inch (3/4") capped rebar set 130.00 feet northerly of and perpendicular to the survey centerline as established to reconstruct a part of US Highway 80 at Station 1208+50.00;
Run thence South 83 Degrees 53 Minutes 18 Seconds East for a distance of 67.08 feet to a Three-Quarter Inch (3/4") capped rebar set 100.00 feet northerly of and perpendicular to the survey centerline as established to reconstruct a part of US Highway 80 at Station 1207+90.00;
Run thence North 69 Degrees 32 Minutes 48 Seconds East for a distance of 245.88 feet to a Three-Quarter Inch (3/4") capped rebar set on the east side of the Defendant's property;
Run thence South O Degrees 21 Minutes 23 Seconds West along the east line of the Defendant's property for a distance of 26.75 feet to a Three-Quarter Inch (3/4") capped rebar set on the present northerly right of way line of US Highway 80;
Run thence South 69 Degrees 32 Minutes 48 Seconds West along the last referenced present northern right of way line for a distance of 1281.29 feet to a point on the west line of the Defendant's property, said point also being on the centerline of a creek or stream and is referenced by a recovered right of way marker located North 69 degrees 32 minutes 48 seconds East at a distance of 238. 61 feet from point;
Run thence North 40 Degrees 54 Minutes 52 Seconds West along the west line of the Defendant's property, also along the centerline of a creek or stream for a distance of 92.52 feet to a point on the proposed northern right of way line of US Highway 80;
Run thence North 70 Degrees 58 Minutes 43 Seconds East along the last referenced proposed northern right of way line for a distance of 67.28 feet to the POINT OF BEGINNING.
The above described parcel contains ± 2.02 acres, and is situated in a part of the Northeast OneQuarter (NE¼) of the Northwest One-Quarter (NW¼), in a part of the Southeast One-Quarter (SE¼) of the Northwest One-Quarter (NW 1/4), a part of the Northwest One-Quarter (NW¼) of the Northwest One-Quarter (NW¼) and in a part of the Southwest One-Quarter (SW ¼) of the Northwest One-Quarter (NW 1/4) of Section 30, Township 6 North, Range 12 East, Newton County, Mississippi.
Parcel 2
Commence at the Northwest corner of the Northeast One-Quarter (NE¼) of the Northwest OneQuarter (NW¼) of Section 30, Township 6 North, Range 12 East, Newton County, Mississippi, said corner locally represented by a recovered One-Half Inch ( 1/2") rebar and is defined by state plane coordinates of N 1033086.530 and E 897670.960 on the above referenced coordinate system; run thence South 21 Degrees 14 Minutes 05 Seconds East a distance of 1468.33 feet to a Three-Quarter Inch (3/4") capped rebar set on the proposed southern right of way line of US Highway 80, said iron being 105.00 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 1212+50.00, said point being defined by state plane coordinates of N 1031717.893 and E 898202.776 of the above referenced system and hereinafter referred to as the POINT OF BEGINNING:
From the POINT OF BEGINNING, run thence along 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 301.50 feet to a Three-Quarter Inch (3/4") capped rebar set 135.00 feet southerly of and perpendicular to the survey centerline as established to reconstruct a part of US Highway 80 at Station 1215+50.00;
Run thence North 84 Degrees 48 Minutes 44 Seconds West for a distance of 138.65 feet to a Three-Quarter Inch (3/4") capped 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 1216+75.00;
Run thence North 69 Degrees 32 Minutes 48 Seconds East along the present right of way line of US Highway 80 for a distance of 575.00 feet to a Three-Quarter Inch (3/4") capped rebar set on the proposed 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 1211+00.00;
Run thence South 58 Degrees 14 Minutes 11 Seconds West along the proposed southern right of way line of US Highway 80 for a distance of 152.97 feet to the POINT OF BEGINNING.
The above described parcel contains ± 0.45 acres and is situated in a part of the Northeast OneQuarter (NE¼) of the Northwest One-Quarter (NW¼) and in a part of the Southeast OneQuarter (SE¼) of the Northwest One-Quarter (NW¼) of Section 30, Township 6 North, Range 12 East, Newton County, Mississippi.
Parcel 1 and Parcel 2 contain in aggregate ± 2.48 acres.
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 September 8, 2022, at 9:00 o’clock A.M., in the Courtroom of the Leake County Courthouse, 101 Court Square, Carthage, Mississippi 39051, and defend against this Complaint For Special Court of Eminent Domain, and in case of your failure to appear and defend, a Judgment may be entered for the things demanded in the Complaint.
The hearing to be held on September 8, 2022, at 9:00 o’clock A.M., is not a date that the Court has scheduled for the trial of this matter.
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.
Not less than ten (10) days prior to the date that the Court shall schedule as to the trial date of this matter, you will be 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 the date that the Court shall set as the trial date of this matter, which shall be treated as a pleading in this action. The date of the filing of the Complaint herein is the 28th day of April, 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 13th day of June, 2022.
MICHAEL L. BUTLER
CIRCUIT CLERK OF NEWTON COUNTY, MISSISSIPPI
By: Penny Ford D.C.
Publish Dates: June 22,
June 29 & July 6, 2022
