{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/55.1-2105.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/55.1-2105.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/55.1-2105.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/55.1-2105.html"}],"law_id":56764,"edition_id":1,"section_id":56764,"structure_id":14850,"section_number":"55.1-2105","catch_line":"Eminent domain","history":"1982, c. 277, \u00a7 55-430; 2019, c. 712.","full_text":"A\n\nIf a unit is acquired by eminent domain, or if part of a unit is acquired by eminent domain leaving the proprietary lessee with a remnant that may not practically or lawfully be used for any purpose permitted by the declaration, the award for such unit shall include compensation to the proprietary lessee for the value of his cooperative interest. Upon acquisition, unless the order otherwise provides, that cooperative interest’s allocated interests are automatically reallocated to the remaining cooperative interests in proportion to the respective allocated interests of those cooperative interests 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\n\nExcept as provided in subsection A, if part of a unit is acquired by eminent domain, the award for such unit shall compensate the proprietary lessee for the reduction in value of his cooperative interest. Unless the order provides otherwise, upon acquisition (i) that cooperative interest’s allocated interests are reduced in proportion to the reduction in the size of the unit, or on any other basis specified in the declaration, and (ii) the portion of the allocated interests divested from the cooperative interest of which the partially acquired unit is a part is automatically reallocated to that cooperative interest and the remaining units in proportion to the respective allocated interests of those cooperative interests before the taking, with the cooperative interest of which the partially acquired unit is a part participating in the reallocation on the basis of its reduced allocated interests.C\n\nIf 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 proprietary lessees of the units to which that limited common element was allocated at the time of acquisition.D\n\nThe court order shall be recorded in every county or city in which any portion of the cooperative is located.","order_by":null,"text":{"0":{"id":207726,"text":"If a unit is acquired by eminent domain, or if part of a unit is acquired by eminent domain leaving the proprietary lessee with a remnant that may not practically or lawfully be used for any purpose permitted by the declaration, the award for such unit shall include compensation to the proprietary lessee for the value of his cooperative interest. Upon acquisition, unless the order otherwise provides, that cooperative interest’s allocated interests are automatically reallocated to the remaining cooperative interests in proportion to the respective allocated interests of those cooperative interests 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.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":207727,"text":"Except as provided in subsection A, if part of a unit is acquired by eminent domain, the award for such unit shall compensate the proprietary lessee for the reduction in value of his cooperative interest. Unless the order provides otherwise, upon acquisition (i) that cooperative interest’s allocated interests are reduced in proportion to the reduction in the size of the unit, or on any other basis specified in the declaration, and (ii) the portion of the allocated interests divested from the cooperative interest of which the partially acquired unit is a part is automatically reallocated to that cooperative interest and the remaining units in proportion to the respective allocated interests of those cooperative interests before the taking, with the cooperative interest of which the partially acquired unit is a part participating in the reallocation on the basis of its reduced allocated interests.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":207728,"text":"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 proprietary lessees of the units to which that limited common element was allocated at the time of acquisition.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":207729,"text":"The court order shall be recorded in every county or city in which any portion of the cooperative is located.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":14850,"edition_id":1,"name":"General Provisions","identifier":"1","label":"article","depth":4,"order_by":1,"parent_id":13509,"metadata":{},"date_created":"2026-06-26 03:50:24","date_modified":"2026-06-26 03:50:24","permalink":{"id":247111,"object_type":"structure","relational_id":14850,"identifier":"1","token":"55.1\/IV\/21\/1","url":"\/55.1\/IV\/21\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13509,"edition_id":1,"name":"Virginia Real Estate Cooperative Act","identifier":"21","label":"chapter","depth":3,"order_by":1,"parent_id":12914,"metadata":{},"date_created":"2026-06-26 03:45:06","date_modified":"2026-06-26 03:45:06","permalink":{"id":247109,"object_type":"structure","relational_id":13509,"identifier":"21","token":"55.1\/IV\/21","url":"\/55.1\/IV\/21\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12914,"edition_id":1,"name":"Common Interest Communities","identifier":"IV","label":"subtitle","depth":2,"order_by":1,"parent_id":12707,"metadata":{},"date_created":"2026-06-26 03:44:01","date_modified":"2026-06-26 03:44:01","permalink":{"id":246473,"object_type":"structure","relational_id":12914,"identifier":"IV","token":"55.1\/IV","url":"\/55.1\/IV\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12707,"edition_id":1,"name":"Property and Conveyances","identifier":"55.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":244769,"object_type":"structure","relational_id":12707,"identifier":"55.1","token":"55.1","url":"\/55.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":58909,"structure_id":14850,"section_number":"55.1-2100","catch_line":"Definitions","url":"\/55.1-2100\/","token":"55.1\/IV\/21\/1\/55.1-2100","metadata":false},{"id":80253,"structure_id":14850,"section_number":"55.1-2101","catch_line":"Applicability","url":"\/55.1-2101\/","token":"55.1\/IV\/21\/1\/55.1-2101","metadata":false},{"id":66032,"structure_id":14850,"section_number":"55.1-2102","catch_line":"Variation by agreement","url":"\/55.1-2102\/","token":"55.1\/IV\/21\/1\/55.1-2102","metadata":false},{"id":62799,"structure_id":14850,"section_number":"55.1-2103","catch_line":"Property classification of cooperative interests; taxation","url":"\/55.1-2103\/","token":"55.1\/IV\/21\/1\/55.1-2103","metadata":false},{"id":68257,"structure_id":14850,"section_number":"55.1-2104","catch_line":"Applicability of local ordinances, regulations, and building codes; local authority","url":"\/55.1-2104\/","token":"55.1\/IV\/21\/1\/55.1-2104","metadata":false},{"id":56764,"structure_id":14850,"section_number":"55.1-2105","catch_line":"Eminent domain","url":"\/55.1-2105\/","token":"55.1\/IV\/21\/1\/55.1-2105","metadata":false},{"id":75027,"structure_id":14850,"section_number":"55.1-2106","catch_line":"General principles of law applicable","url":"\/55.1-2106\/","token":"55.1\/IV\/21\/1\/55.1-2106","metadata":false},{"id":79017,"structure_id":14850,"section_number":"55.1-2107","catch_line":"Construction against implicit repeal","url":"\/55.1-2107\/","token":"55.1\/IV\/21\/1\/55.1-2107","metadata":false},{"id":84361,"structure_id":14850,"section_number":"55.1-2108","catch_line":"Uniformity of application and construction","url":"\/55.1-2108\/","token":"55.1\/IV\/21\/1\/55.1-2108","metadata":false},{"id":67484,"structure_id":14850,"section_number":"55.1-2109","catch_line":"Unconscionable agreement or term of contract","url":"\/55.1-2109\/","token":"55.1\/IV\/21\/1\/55.1-2109","metadata":false},{"id":68385,"structure_id":14850,"section_number":"55.1-2110","catch_line":"Obligation of good faith","url":"\/55.1-2110\/","token":"55.1\/IV\/21\/1\/55.1-2110","metadata":false},{"id":75940,"structure_id":14850,"section_number":"55.1-2111","catch_line":"Remedies to be liberally administered","url":"\/55.1-2111\/","token":"55.1\/IV\/21\/1\/55.1-2111","metadata":false}],"previous_section":{"id":68257,"structure_id":14850,"section_number":"55.1-2104","catch_line":"Applicability of local ordinances, regulations, and building codes; local authority","url":"\/55.1-2104\/","token":"55.1\/IV\/21\/1\/55.1-2104","metadata":false},"next_section":{"id":75027,"structure_id":14850,"section_number":"55.1-2106","catch_line":"General principles of law applicable","url":"\/55.1-2106\/","token":"55.1\/IV\/21\/1\/55.1-2106","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/55.1-2105\/","history_text":"

This law was first created in 1982. The record of its establishment is cataloged in chapter 277 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1982 \u201cActs\u201d aren\u2019t available online. It has been modified 1 time. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. That modification is as follows: in 2019, chapter 712<\/a>.<\/p>","references":[{"id":80253,"section_number":"55.1-2101","catch_line":"Applicability","order_by":null,"url":"\/55.1-2101\/"},{"id":62864,"section_number":"55.1-2127","catch_line":"Amendment of declaration","order_by":null,"url":"\/55.1-2127\/"},{"id":80965,"section_number":"55.1-2145","catch_line":"Insurance","order_by":null,"url":"\/55.1-2145\/"}],"refers_to":false,"permalink":{"id":247133,"object_type":"law","relational_id":56764,"identifier":"55.1-2105","token":"55.1\/IV\/21\/1\/55.1-2105","url":"\/55.1-2105\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/55.1-2105\/","token":"55.1\/IV\/21\/1\/55.1-2105","dublin_core":{"Title":"Eminent domain","Type":"Text","Format":"text\/html","Identifier":"\u00a7 55.1-2105","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> If a unit<\/span> is acquired by eminent domain, or if part of a unit<\/span> is acquired by eminent domain leaving the proprietary lessee<\/span> with a remnant that may not practically or lawfully be used for any purpose permitted by the declaration<\/span>, the award for such unit<\/span> shall include compensation to the proprietary lessee<\/span> for the value of his cooperative interest<\/span>. Upon acquisition, unless the order<\/span> otherwise provides, that cooperative interest<\/span>’s allocated interests<\/span> are automatically reallocated to the remaining cooperative interests<\/span> in proportion to the respective allocated interests<\/span> of those cooperative interests<\/span> before the taking, and the association<\/span> shall promptly prepare, execute, and record an amendment to the declaration<\/span> reflecting the reallocations. Any remnant of a unit<\/span> remaining after part of a unit<\/span> is taken under this subsection is thereafter a common element. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Except as provided in subsection A, if part of a unit<\/span> is acquired by eminent domain, the award for such unit<\/span> shall compensate the proprietary lessee<\/span> for the reduction in value of his cooperative interest<\/span>. Unless the order<\/span> provides otherwise, upon acquisition (i) that cooperative interest<\/span>’s allocated interests<\/span> are reduced in proportion to the reduction in the size of the unit<\/span>, or on any other basis specified in the declaration<\/span>, and (ii) the portion of the allocated interests<\/span> divested from the cooperative interest<\/span> of which the partially acquired unit<\/span> is a part is automatically reallocated to that cooperative interest<\/span> and the remaining units<\/span> in proportion to the respective allocated interests<\/span> of those cooperative interests<\/span> before the taking, with the cooperative interest<\/span> of which the partially acquired unit<\/span> is a part participating in the reallocation on the basis of its reduced allocated interests<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> If part of the common elements<\/span> is acquired by eminent domain, the portion of the award attributable to the common elements<\/span> taken shall be paid to the association<\/span>. Unless the declaration<\/span> provides otherwise, any portion of the award attributable to the acquisition of a limited common element<\/span> shall be equally divided among the proprietary lessees<\/span> of the units<\/span> to which that limited common element<\/span> was allocated at the time of acquisition. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The court order<\/span> shall be recorded in every county or city in which any portion of the cooperative is located. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nEMINENT DOMAIN (\u00a7 55.1-2105)\n\nA. If a unit is acquired by eminent domain, or if part of a unit is acquired by\neminent domain leaving the proprietary lessee with a remnant that may not\npractically or lawfully be used for any purpose permitted by the declaration,\nthe award for such unit shall include compensation to the proprietary lessee for\nthe value of his cooperative interest. Upon acquisition, unless the order\notherwise provides, that cooperative interest’s allocated interests are\nautomatically reallocated to the remaining cooperative interests in proportion\nto the respective allocated interests of those cooperative interests before the\ntaking, 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\ncommon element.\n\nB. Except as provided in subsection A, if part of a unit is acquired by eminent\ndomain, the award for such unit shall compensate the proprietary lessee for the\nreduction in value of his cooperative interest. Unless the order provides\notherwise, upon acquisition (i) that cooperative interest’s allocated\ninterests are reduced in proportion to the reduction in the size of the unit, or\non any other basis specified in the declaration, and (ii) the portion of the\nallocated interests divested from the cooperative interest of which the\npartially acquired unit is a part is automatically reallocated to that\ncooperative interest and the remaining units in proportion to the respective\nallocated interests of those cooperative interests before the taking, with the\ncooperative interest of which the partially acquired unit is a part\nparticipating in the reallocation on the basis of its reduced allocated\ninterests.\n\nC. If part of the common elements is acquired by eminent domain, the portion of\nthe award attributable to the common elements taken shall be paid to the\nassociation. Unless the declaration provides otherwise, any portion of the award\nattributable to the acquisition of a limited common element shall be equally\ndivided among the proprietary lessees of the units to which that limited common\nelement was allocated at the time of acquisition.\n\nD. The court order shall be recorded in every county or city in which any\nportion of the cooperative is located.\n\nHISTORY: 1982, c. 277, \u00a7 55-430; 2019, c. 712.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}