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Hancock Commission approves road abandonment

By CRAIG HOWELL 2 min read

NEW CUMBERLAND - Hancock County commissioners, Thursday, agreed to abandon portions of two unopened roadways to assist with a planned water improvement project.

Commissioners held a 15-minute public hearing Thursday morning for a petition filed by HLC Holding Inc., requesting the county abandon portions of Lane K and Wells Avenue.

Tom DeCapio, legal counsel representing the petitioner and the Tomlinson Public Service District as part of the hearing, noted a multi-year effort which, eventually led to the West Virginia Public Service Commission declaring the Newell Company, a utility service operated by HLC, as a failing utility.

As a result of the ruling, the Tomlinson PSD is in the process of taking over the water services and related assets, with a plan to construct a new water treatment system on a 30-acre plot of land which currently includes a water tank.

"In order to do the expansion, there are two unopened rights of way," DeCapio said.

The abandonment would include a 245 feet by 20 feet portion of Lane K, and a 224 feet by 50 feet area of Wells Avenue, which the petition noted have never been opened, maintained or developed by the county.

Under oath, David Ray Stevens, administrative advisor to the Tomlinson PSD, verified DeCapio's presentation, as well as efforts to notify three nearby property owners, with none expressing any objection.

Mike Lucas, legal counsel for the county commission, noted he had reviewed the documentation.

"Everything in the order looks like it was served properly," Lucas said, noting certified mail delivery qualifies as attempts at personal contacts for parties of interest.

Commissioners offered no comments during the hearing, with only representatives of the petitioning entity in attendance.

chowell@weirtondailytimes.com

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