Bivens v. River Haven, Inc.
Bivens v. River Haven, Inc.
Opinion of the Court
We review the trial court’s order denying the Appellants’ motion for apportionment of proceeds resulting from an eminent domain proceeding. The parties agree that the Appellants had an equitable interest in the land taken and that the trial court erred in finding that they are not entitled to compensation. The parties also agree that the trial court had the authority to order the distribution, despite its finding to the contrary.
Reversed and remanded for proceedings consistent with this opinion.
. Additionally, the parties agree that the order contains a misstatement of fact: the order states that River Haven residents "pay a monthly rent” to occupy their lots, but the parties agree that the monthly fee is for maintenance rather than rent.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.