- Alaska Statutes.
- Title 34. Property
- Chapter 8. Common Interest Ownership
- Section 740. Eminent Domain.
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AS 34.08.740. Eminent Domain.
- (a) If a unit is acquired by eminent domain or part of a unit is acquired by eminent domain leaving the unit owner with a
remnant that may not practically or lawfully be used for any purpose permitted by the declaration, the award must
include compensation to the unit owner for that unit and its allocated interests, whether or not any common elements
are acquired. Upon acquisition, unless the decree otherwise provides, the allocated interests of the unit 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, and file and record a plat or plan that accompanies the amendment. A remnant of a unit
remaining after part of a unit is taken under this subsection is a common element from that time.
- (b) Except as provided in (a) of this section, 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 interest in the common elements, whether or not any
common elements are acquired. Upon acquisition, unless the decree provides otherwise,
- (1) the allocated interests of the unit are reduced either in proportion to the reduction in the size of the unit or on
the basis specified in the declaration; and
- (2) the portion of the allocated interests divested from the partially acquired unit are automatically reallocated to the
unit and to the remaining units in proportion to the respective allocated interests of the 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 eminent domain, the portion of the award attributable to the common
elements taken must be paid to the association. Unless the declaration provides otherwise, any 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.
- (d) The court decree must be recorded in each recording district in which any portion of the common interest community is
- (e) On a condemnation of a unit or common area, an award or decree must include a reasonable amount to cover the cost of
reallocating the allocatable interests of the unit owners.
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