I am a mineral owner only...received a summons in a civil action regarding a lawsuit against me that I have to reply to in 21 day (17 now)...but I have no idea what to do. Do I need a lawyer? From where? I am out of state...propery is in WV.
It appears it is about running a pipeline and easements and now they are filing for Condemnation of property (eminent domain) I think.
What am I supposed to do with this? Anyone else been in this situation?
Dear Ms. Cinder,
If you are a mineral interest only, you don't participate in condemnation suits for pipelines.
If they think that you own surface, you will be condemned and get a check based on what the court says.
I would ask a local (to you) attorney for counsel and see what he/she says.
If it were me, I would be glad that they got the address right and wait for the compensation check, if I was POSITIVE that I owned no surface.
Buddy Cotten
Buddy is the expert here and I believe he has given the correct answer; but, in my untrained opinion, I am thinking they are just covering all the bases, using the scatter shot approach, just in case, so they can condemn the property and basically steal the right of way using the Right of Eminent Domain. That is exactly what they will do unless someone (the surface owner or owners) calls their hand.
You need to consult an attorney pronto. Your attorney can file a general denial to give you time to assess the facts and gather information. If you do not respond to the lawsuit, then there will be a default judgment in favor of the plaintiff and you will not be able to respond or change this. A lot depends on WV law and you need a WV lawyer familiar with condemnations.