KINGWOOD – A West Virginia town is suing over problems it is having with an eminent domain situation, and the placement of a permanent roadway and temporary easement.
The town of Tunnelton filed the suit on Dec. 3 in Preston Circuit Court against CSX Transportation.
The petitioner has determined that the construction and extension of a sanitary sewer collection system is necessary for public uses and purposes. The construction will provide public sewage assistance to the Denver Elementary School and 36 new customers in the area.
State and federal regulatory agencies have approved Tunnelton's plan, the funding is in place and the town is preparing a bid package on the project. Funding will be pulled if the town does not initiate construction by April.
As part of the project, the petitioner has determined it must condemn a parcel of property owned by CSX for a temporary construction easement and a permanent right-of-way. CSX has been reluctant to allow the right-of-way, however. The petitioner believes that is because CSX thinks the right-of-way will involve crossing of railroad track, when that is not the case.
The petitioner is asking the court to affirm its right to condemn the land, and then possess, appropriate and use it for the easement purposes. The town is represented by David C. Glover of Smith, McMunn & Glover of Clarksburg. The case is assigned to Judge Lawrance S. Miller Jr.
Preston Circuit Court Case number 15-C-192
