WINFIELD – A Putnam County couple claims a state highways construction project damaged their property and that the state hasn't paid for taking and damaging the land.

In a lawsuit filed Dec. 8 in Putnam Circuit Court, Wendell M. and Janet S. Doss of Hurricane say the state Division of Highways, Department of Transportation did a construction project and relocation of Springdale Road (Putnam County Route 40) near its intersection with W.Va. Route 34.

Harvey D. Peyton, who is representing the Doss's, said the project raised the roadway about four feet and, as a result, diverted water onto the property, into the yard and garage.

In the suit, the Doss's say the state has not paid for taking or damaging the property. Peyton said the state had taken a piece of the property for the construction project and called the case an example of inverse condemnation.

The state has a "mandatory, non-delegable and constitutional duty … to pay just compensation for taking and damaging property," the suit says.

The suit lists DOH Commissioner Paul A. Mattox Jr. as a defendant.

The case has been assigned to Circuit Court Judge Edward Eagloski.

Putnam Circuit Court case number: 05-C-491

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