ARK LAND V. HARPER
599 S.E. 2d 754 (W.Va. 2004)
NATURE OF THE CASE: Harper (D) appealed a decision that authorized a partition and sale
in favor of Ark Land (P).
FACTS: The Caudill family has owned the 75 acres of land in dispute for nearly 100 years.
In 2001 P acquired a 67.5% undivided interest in the land by purchasing the property
interests of several Caudill family members. P attempted to purchase the remaining property
interests held by the Caudill heirs, but they refused to sell. P wanted to use the land for
the surface mining of coal. P filed a complaint seeking to have the land partitioned and
sold. D sought petition in kind. Three commissioners were appointed and they concluded that
the property could not be conveniently partitioned in kind. On October 30, 2002, the circuit
court entered an order directing the partition and sale of the property. Ds appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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