Ronceverte files suit over right of way

By Christian Giggenbach
Register-Herald Reporter

August 11, 2008 10:21 pm

— The town of Ronceverte has filed a power of eminent domain suit against Shriners Hospital and three other defendants in order to attain a right of way for water lines as part of the town’s $3.5 million water upgrade project.
The lawsuit, filed by city attorney Perry W. Pauley, named Shriners Hospitals for Children, Hollowell Foundation Inc., Jesse Guills, as the executor of the estate of John Dawkins, and Greenbrier County Sheriff Roger Sheppard, as defendants. The suit centers on the city’s need for an easement for a water line in the Fort Springs tax district in an area known as Dawkins Lane.
Last year, Ronceverte signed an agreement to purchase water from the city of Lewisburg and, according to the civil suit, has acquired “all easements and rights of way, with the exception of the right of way across Dawkins Lane.” The property was originally owned by John Dawkins but, upon his death, was bequeathed to the Hollowell Foundation and Shriners Hospitals, according to court documents.
Pauley said a “quit claim” deed had originally been requested of the defendants, but “there was not a response given within the time frame needed.”
“This is the last part of the right of way needed for the water line extension in the town’s water upgrade project,” Pauley said Monday. “The law provides that we be allowed to do this.”
Pauley said the right of way can be asked for through eminent domain and the town will be required to compensate the property owners.
The suit claims the town has already placed bids for the water project and funding could be lost “if the project is not completed in a reasonable time period.”
“We expect a response from the Hollowell Foundation and the Shriners Hospital that is very positive,” Pauley said.
The suit named Sheriff Roger Sheppard as a defendant as a request to “release any liens which may be assessed against the real estate or which are due and payable.”
— E-mail: cgiggenbach@register-herald.com