{"data":{"id":"us-ky/krs-381.9113","jurisdiction":"us-ky","citation":"KRS 381.9113","heading":"Eminent domain.","body":"(1) If a unit is acquired by eminent domain, or if part of a unit is acquired by eminent\ndomain leaving the unit owner with a remnant which may not practically or lawfully\nbe used for any purpose permitted by the declaration, the award shall compensate\nthe unit owner for his or her unit and its interest in the common elements, whether\nor not any common elements are acquired. Upon acquisition, unless the decree\notherwise provides, that unit's allocated interests are automatically reallocated to the\nremaining uni ts in proportion to the respective allocated interests of those units\nbefore the taking, and the association shall promptly prepare, execute, and record an\namendment to the declaration reflecting the reallocations. Any remnant of a unit\nremaining after part of a unit is taken under this subsection is thereafter a common\nelement.\n(2) Except as provided in subsection (1) of this section, if part of a unit is acquired by\neminent domain, the award shall compensate the unit owner for the reduction in\nvalue of th e unit and its interest in the common elements, whether or not any\ncommon elements are acquired. Upon acquisition, unless the decree otherwise\nprovides:\n(a) The unit's allocated interests are reduced in proportion to the reduction in the\nsize of the unit; and\n(b) The portion of the allocated interests divested from the partially acquired unit\nare automatically reallocated to that unit and the remaining units in proportion\nto the respective allocated interests of those units before the taking, with the\npartially acquired unit participating in the reallocation on the basis of its\nreduced allocated interests.\n(3) If part of the common elements is acquired by eminent domain, the portion of the\naward attributable to the common elements taken shall be paid to the association\nand, unless the declaration provides otherwise, the award attributable to the\nacquisition of a limited common element shall be equally divided among the owners\nof the units to which that limited common element was allocated at the time of\nacquisition.\n(4) The court decree shall be recorded in every county in which any portion of the\ncondominium is located.","path":["KRS Chapter 381"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=36824","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:59:11Z","sha256":"7957877e74cf21fb623e7cfe75fd6d81d274dd2acc2fc54d276fdadb29a00e99","source_id":"us-ky","stale":false,"prev":"us-ky/krs-381.9111","next":"us-ky/krs-381.9115"},"notice":"GroundRules: Original legal text. Not legal advice."}