381.9113 Eminent domain.

355 words·~2 min read·/ky/chapter-381/381-9113

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)If a unit is acquired by eminent domain, or if part of a unit is acquired by eminent

domain leaving the unit owner with a remnant which may not practically or lawfully

be used for any purpose permitted by the declaration, the award shall compensate

the unit owner for his or her unit and its interest in the common elements, whether

or not any common elements are acquired. Upon acquisition, unless the decree

otherwise provides, that unit's allocated interests are automatically reallocated to the

remaining units in proportion to the respective allocated interests of those units

before the taking, and the association shall promptly prepare, execute, and record an

amendment to the declaration reflecting the reallocations. Any remnant of a unit

remaining after part of a unit is taken under this subsection is thereafter a common

element.

(2)Except as provided in subsection

(1)of this section, if part of a unit is acquired by

eminent domain, the award shall compensate the unit owner for the reduction in

value of the unit and its interest in the common elements, whether or not any

common elements are acquired. Upon acquisition, unless the decree otherwise

provides:

(a)The unit's allocated interests are reduced in proportion to the reduction in the

size of the unit; and

(b)The portion of the allocated interests divested from the partially acquired unit

are automatically reallocated to that unit and the remaining units in proportion

to the respective allocated interests of those units before the taking, with the

partially acquired unit participating in the reallocation on the basis of its

reduced allocated interests.

(3)If part of the common elements is acquired by eminent domain, the portion of the

award attributable to the common elements taken shall be paid to the association

and, unless the declaration provides otherwise, the award attributable to the

acquisition of a limited common element shall be equally divided among the owners

of the units to which that limited common element was allocated at the time of

acquisition.

(4)The court decree shall be recorded in every county in which any portion of the

condominium is located.