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Eminent domain - 68 Pa. Cons. Stat. § 3107Legal Research Home > Pennsylvania Statutes Sponsored Links
§ 3107. Eminent domain.
(a) General rule.--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
must compensate the unit owner for his unit and its common
element interest, whether or not any common element interest is
acquired. Upon acquisition, unless the decree otherwise
provides, that unit's entire common element interest, votes in
the association and common expense liability are automatically
reallocated to the remaining units in proportion to the
respective interests, votes and liabilities 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.
(b) Acquisition of part of a unit.--Except as provided in
subsection (a), if part of a unit is acquired by eminent domain
the award must compensate the unit owner for the reduction in
value of the unit and its common element interest. Upon
acquisition:
(1) that unit's common element interest, votes in the
association and common expense liability are reduced in
proportion to the reduction in the size of the unit, or on
any other basis specified in the declaration; and
(2) the portion of common element interest, votes and
common expense liability divested from the partially acquired
unit are automatically reallocated to that unit and the
remaining units in proportion to the respective interests,
votes and liabilities of those units before the taking, with
the partially acquired unit participating in the reallocation
on the basis of its reduced interest, votes and liabilities.
(c) Acquisition of part of common elements.--If part of the
common elements is acquired by eminent domain, the award must be
paid to the association. The association shall divide any
portion of the award not used for any restoration or repair of
the remaining common elements among the unit owners in
proportion to their respective common element interests before
the taking, but the portion of the award attributable to the
acquisition of a limited common element must be equally divided
among the owners of the units to which that limited common
element was allocated at the time of acquisition, or in any
manner the declaration provides.
Cross References. Section 3107 is referred to in sections
3102, 3207, 3208, 3219, 3220, 3312 of this title.
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Last modified: November 27, 2007 |