Vermont § 1-107 - Eminent domain
Full text of Vermont Vermont Statutes Online § 1-107 — Eminent domain, with citation guidance and answers to common questions.
§ 1-107. Eminent domain
- (a) If a unit is acquired by eminent domain or if a 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 shall 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 provides otherwise, the
allocated interests of that 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. Any remnant of a unit remaining after part
of a unit is taken under this subsection is thereafter a common element. (b) Except as provided in subsection (a) of this section, if part of a unit is acquired
by eminent domain, the award shall 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. Unless the decree provides otherwise, upon acquisition: (1) the allocated interests of that unit shall be 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 the allocated interests divested from the partially acquired unit shall
be automatically reallocated to that unit and to 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 eminent domain, the portion of the award
attributable to the common elements taken shall be paid to the association. Unless
the declaration provides otherwise, any portion of the award attributable to the acquisition
of a limited common element shall 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 shall be recorded in every municipality in which any portion of the
common interest community is located. (Added 1997, No. 104 (Adj. Sess.), § 3, eff. Jan. 1, 1999.)
Frequently Asked Questions About Vermont § 1-107
What does Vermont Statutes Online § 1-107 cover?
Section 1-107 ("Eminent domain") is part of the Vermont Statutes Online, the codified statutory law of Vermont. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Vermont § 1-107?
A common citation format is "Vermont Statutes Online § 1-107" (Vermont). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Vermont law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Vermont official source linked on this page or consult a licensed Vermont attorney.
How does Vermont § 1-107 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Vermont can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Vermont.