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Ark Land Company v. Harper

Supreme Court of Appeals of West Virginia

599 S.E.2d 754 (2004)

Relevant factsFree

Ark Land (defendant) sought partition by sale of family land it partly owned to enable coal extraction, presenting expert evidence that partition in kind would add several million dollars in mining costs, while the Caudill family (plaintiffs), who had exclusively owned the land for nearly a century, sought partition in kind based on their sentimental attachment; the circuit court, relying solely on the economic-cost evidence, ordered partition by sale.

IssueFree

Whether the economic value of property is the decisive factor in determining whether to partition in kind or by sale.

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