Texas Property Code - Section 82.007. Condemnation
Legal Research Home >
Texas Laws > Property Code > Texas Property Code - Section 82.007. Condemnation
§ 82.007. CONDEMNATION. (a) If a unit is acquired by
condemnation, or if part of a unit is acquired by condemnation
leaving the unit owner with a remnant that may not practically or
lawfully be used for any purpose permitted by the declaration, the
condemnation award must compensate the unit owner for the unit and
its common element interest, whether or not any common element
interest is acquired. On acquisition, unless the decree provides
otherwise, the condemned unit's entire 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. A remnant of a unit remaining after part of a unit
is taken under this subsection is a common element.
(b) Except as provided by Subsection (a), if part of a unit
is acquired by condemnation, the award must compensate the unit
owner for the reduction in value of the unit and its common element
interest. On acquisition, the condemned unit's allocated interests
are reduced in proportion to the reduction in the size of the unit,
or on any other basis specified by the declaration, and 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.
(c) If part of the common elements is acquired by
condemnation, the award must be paid to the association, as trustee
for the unit owners, and to persons holding liens on the condemned
property, as their interests may appear. 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.
(d) The court decree shall be recorded in each county in
which any portion of the condominium is located.
Added by Acts 1993, 73rd Leg., ch. 244, § 1, eff. Jan. 1, 1994.
Section: 81.210 82.001 82.002 82.003 82.004 82.005 82.006 82.007 82.008 82.051 82.052 82.053 82.054 82.055 82.056
Last modified: August 11, 2007
|
