With no explanation, chose the best option from "A", "B", "C" or "D". 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

A: holding payment in kind contracts are proceeds
B: holding that no private right of action exists
C: recognizing that statutory right to partition in kind exists where mineral rights are involved
D: holding that a private right of action exists
C.