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Eminent domain - 68 Pa. Cons. Stat. § 3107

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     § 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