of one party while promoting the specific interests of another. See W.Va. Code § 37-4-3 (1957) (Repl.Vol.1997). As previously noted, the Partition Commissioners bluntly acknowledged the resulting inequity inherent to the partition selection they made. The Commissioners shrugged off responsibility for achieving a fair and just result by reasoning that “the purpose of our review for partition is not to maximize or minimize the value of a cotenant’s share but to recommend an equitable division of the property.” However, the fact is that the approach taken by the Commissioners, and adopted by the circuit court, does not achieve a fair and equitable division of the land and mineral rights at issue. See Syl. Pt. 4, Consolidated Gas Supply Corp. v. Riley, 161 W.Va. 782, 247 S.E.2d 712 (1978) (<HOLDING>). In ascertaining the value of coal property
recognizing that statutory right to partition in kind exists where mineral rights are involved holding that a private right of action exists holding that no private right of action exists holding payment in kind contracts are proceeds holding that remainderman had no right of action for partition against life tenant in the absence of special statutory authority