IN THE SPECIAL COURT OF EMINENT DOMAIN OF NEWTON COUNTY, MISSISSIPPI
MISSISSIPPI TRANSPORTATION
COMMISSION PLAINTIFF
VS.
CIVIL ACTION NO. 23-cv-007-NWMD
BOBBIE NELL HARDAWAY MINOR; JAMES A. MINOR, SR.; ANY AND ALL 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 RALEIGH NORMAN (being one and same person as Rolla Norman, Rallie Norman, Roby Norman and Raby Norman), DECEASED, CLINTON NORMAN; VEDDA FRANKLIN; ELMIRA TERRY; THOMAS NORMAN; CECILIA NORMAN; SALANDA NORMAN (being one and the same person as Sollander Norman); SAM NORMAN; RALLIE NORMAN, JR.; BETTY JEAN TUCKER; WEDA FLOYD; RENEE NORMAN; CONIEL NORMAN (being one and the same person as Coniel Norman Shields); NELLIE NORMAN; CAROLYN WATSON; LEIA NORMAN LEVY; DANNY C. NORMAN; GEORGE HARDAWAY; LINDA HARDAWAY MCMAHAN; ANNIE G. HARDAWAY ROBINSON; BONNIE J. HARDAWAY BALLARD; CLAUDE CHAPMAN; MICHAEL CHAPMAN; BARBARA CHAPMAN; CHARLEAN KENDRICK; CLARA KEYS; FREEMAN HARDAWAY; JAKE HARDAWAY; WILLIAM HARDAWAY; MOZELL HARDAWAY; GLORIA MCGILL; HOWARD SHIELDS; DONNEL SHIELDS; MARY ANN SANDERS; RAYMOND SANDERS; MORRIS SANDERS; IDA LOWERY; ELVIRA SHINE; KIMLA SANDERS; RICHY SANDERS; JOHNNY SANDERS; OR IF ANY BE 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 ANY OF SAID NAMED PERSONS; 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
SUMMONS BY PUBLICATION
THE STATE OF MISSISSIPPI
TO: ANY AND ALL 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 RALEIGH NORMAN (being one and same person as Rolla Norman, Rallie Norman, Roby Norman and Raby Norman), DECEASED, CLINTON NORMAN; VEDDA FRANKLIN; ELMIRA TERRY; THOMAS NORMAN; SAM NORMAN; RALLIE NORMAN, JR.; BETTY JEAN TUCKER; WEDA FLOYD; CONIEL NORMAN (being one and the same person as Coniel Norman Shields); CAROLYN WATSON; GEORGE HARDAWAY; BONNIE J. HARDAWAY BALLARD; CLAUDE CHAPMAN; MICHAEL CHAPMAN; BARBARA CHAPMAN; CLARA KEYS; JAKE HARDAWAY; MOZELL HARDAWAY; HOWARD SHIELDS; DONNEL SHIELDS; RAYMOND SANDERS; MORRIS SANDERS; IDA LOWERY; KIMLA SANDERS; RICHY SANDERS; JOHNNY SANDERS; OR IF ANY DEFENDANT NAMED IN THIS PROCEEDING BE 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 ANY OF SAID NAMED PERSONS; AND ANY AND ALL OTHER UNKNOWN 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 and to Quiet and 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 0.99994592 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 Grantor’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 Northwest One-Quarter (NW ¼) of Section 30, Township 6 North, Range 12 East, Newton County, Mississippi, said corner locally represented by a recovered One 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 74 Degrees 47 Minutes 18 Seconds East a distance of 2209.43 feet to a Three-Quarter Inch (3/4”) capped rebar set at the point of intersection of the present and 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 as shown on the right of way acquisition map for project number 102367-201000 at Station 1194+75.00, said point being defined by state plane coordinates of N 1032506.810 and E 899802.975 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 northern right of way line of US Highway 80 as follows:
North 20 Degrees 27 Minutes 12 Seconds West for a distance of 40.00 feet to a Three-Quarter Inch (3/4”) capped rebar set 115.00 feet northerly of and perpendicular to the survey centerline as established to reconstruct a part of US Highway 80 at Station 1194+75.00; Run thence North 69 Degrees 32 Minutes 48 Seconds East for a distance of 80.00 feet to a Three-Quarter Inch (3/4”) capped rebar set 115.00 feet northerly of and perpendicular to the survey centerline as established to reconstruct a part of US Highway 80 at Station 1193+95.00; Run thence South 20 Degrees 27 Minutes 12 Seconds East for a distance of 40.00 feet to a Three-Quarter Inch (3/4”) capped rebar set on the present northerly right of way line of US Highway 80, said point being 75.00 feet northerly of and perpendicular to the survey centerline as established to reconstruct a part of US Highway 80 at Station 1193+95.00; Run thence South 69 Degrees 32 Minutes 48 Seconds West along the present northerly right of way line of US Highway 80 for a distance of 80.00 feet to the POINT OF BEGINNING.
The above described parcel contains ± 3200 sq. ft. and is situated in a part of the Northwest One-Quarter (NW ¼) of the Northeast One-Quarter (NE 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 Northwest One-Quarter (NW ¼) of Section 30, Township 6 North, Range 12 East, Newton County, Mississippi, said corner locally represented by a recovered One 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 run thence South 71 Degrees 38 Minutes 03 Seconds East a distance of 2015.10 feet to a Three-Quarter Inch (3/4”) capped rebar set on the proposed northerly right of way line of US Highway 80, said iron being 100.00 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 1197+00.00, said point being defined by state plane coordinates of N 1032451.609 and E 899583.423 of the above referenced system and hereinafter referred to as the POINT OF BEGINNING:
From the POINT OF BEGINNING, run thence South 20 Degrees 27 Minutes 12 Seconds East along the last referenced proposed northern right of way line for a distance of 25.00 feet to a Three-Quarter Inch (3/4”) capped rebar set on the present northern right of way line, said point being 75.00 feet northerly of and perpendicular to the survey centerline as established to reconstruct a part of US Highway 80 at Station 1197+00.00; Run thence South 69 Degrees 32 Minutes 48 Seconds West along the last referenced present northern right of way line for a distance of 853.62 feet to a Three-Quarter Inch (3/4”) capped rebar set on the west line of the Grantor’s property;
Run thence North 0 Degrees 21 Minutes 23 Seconds East along the west line of the Grantor’s property for a distance of 26.75 feet to a Three-Quarter Inch (3/4”) capped rebar set on the proposed northern right of way line of US Highway 80;
Run thence North 69 Degrees 32 Minutes 48 Seconds East along the last referenced proposed northern right of way line for a distance of 844.12 feet to the POINT OF BEGINNING.
The above described parcel contains ± 0.49 acres and is situated in a part of the Northwest One-Quarter (NW ¼) of the Northeast One-Quarter (NE ¼) and in a part of the Northeast One-Quarter (NE 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 ± 0.56 acres.
The Defendant other than you in this action are Bobbie Nell Hardaway Minor, James A. Minor, Sr., Danny C. Norman, Nellie Norman, Renne Norman, Leia Norman Levy, Cecilia Norman, Salanda Norman (being one and the same person as Sollander Norman), Linda Hardaway McMahan; Annie G. Hardaway Robinson, Charlean Kendrick, Freeman Hardaway, William Hardaway, Gloria McGill, Mary Ann Sanders and Elvira Shine.
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 March 9, 2023, at 9:00 o'clock A.M., at the Neshoba County Courthouse, 401 East Beacon Street, Suite 110, Philadelphia, Mississippi 39350, and defend against this Complaint For Special Court of Eminent Domain and to Quiet and Confirm Title, 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 March 9, 2023, 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 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 18th day of January, 2023. 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 26th day of January, 2023.
MICHAEL L. BUTLER
CIRCUIT CLERK OF
NEWTON COUNTY, MISSISSIPPI
By: Penny Ford, D.C.
Publish Dates: February 1,
February 8 & February 15, 2023
