{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/55.1-1906.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/55.1-1906.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/55.1-1906.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/55.1-1906.html"}],"law_id":369409,"edition_id":2,"section_id":369409,"structure_id":52635,"section_number":"55.1-1906","catch_line":"Eminent domain","history":"1974, c. 416, \u00a7 55-79.44; 1975, c. 415; 1982, c. 545; 1998, c. 32; 2019, c. 712; 2020, c. 592.","full_text":"A\n\nIf any portion of the common elements is taken by eminent domain, the award for such taking shall be paid to the unit owners’ association, provided, however, that the portion of the award attributable to the taking of any permanently assigned limited common element shall be allocated by the order to the unit owner of the unit to which that limited common element was so assigned at the time of the taking. If that limited common element was permanently assigned to more than one unit at the time of the taking, then the portion of the award attributable to the taking of such limited common element shall be allocated in equal shares to the unit owners of the units to which it was so assigned or in such other shares as the condominium instruments may specify for this express purpose. A permanently assigned limited common element is a limited common element that cannot be reassigned or that can be reassigned only with the consent of the unit owner of the unit to which it is assigned in accordance with § 55.1-1919.\n\nB\n\nIf one or more units are taken by eminent domain, the undivided interest in the common elements appertaining to any such unit shall thenceforth appertain to the remaining units, being allocated to them in proportion to their respective undivided interests in the common elements. The court shall enter an order reflecting the reallocation of undivided interests produced by such taking, and the award shall include just compensation to the unit owner of any unit taken for his undivided interest in the common elements as well as for his unit.\n\nC\n\n1. If portions of any unit are taken by eminent domain, the court shall determine the fair market value of the portions of such unit not taken, and the undivided interest in the common elements appertaining to any such units shall be reduced, in the case of each such unit, in proportion to the diminution in the fair market value of such unit resulting from the taking.\n\n2\n\nThe portions of undivided interest in the common elements thereby divested from the unit owners of any such units shall be reallocated among those units and the other units in the condominium in proportion to their respective undivided interests in the common elements, with any units partially taken participating in such reallocation on the basis of their undivided interests as reduced in accordance with subdivision 1.\n\n3\n\nThe court shall enter an order reflecting the reallocation of undivided interests produced thereby, and the award shall include just compensation to the unit owner of any unit partially taken for that portion of his undivided interest in the common elements divested by operation of subdivision 1 and not revested by operation of subdivision 2, as well as for that portion of his unit taken by eminent domain.\n\nD\n\nIf, however, the taking of a portion of any unit makes it impractical to use the remaining portion of that unit for any lawful purpose permitted by the condominium instruments, then the entire undivided interest in the common elements appertaining to that unit shall thenceforth appertain to the remaining units, being allocated to them in proportion to their respective undivided interests in the common elements, and the remaining portion of that unit shall thenceforth be a common element. The court shall enter an order reflecting the reallocation of undivided interests produced thereby, and the award shall include just compensation to the unit owner of such unit for his entire undivided interest in the common elements and for his entire unit.\n\nE\n\nVotes in the unit owners’ association, rights to future common surpluses, and liabilities for future common expenses not specially assessed, appertaining to any unit taken or partially taken by eminent domain, shall thenceforth appertain to the remaining units, being allocated to them in proportion to their relative voting strength in the unit owners’ association, with any units partially taken participating in such reallocation as though their voting strength in the unit owners’ association had been reduced in proportion to the reduction in their undivided interests in the common elements, and the order of the court shall provide accordingly.\n\nF\n\nThe order of the court shall require the recordation of such order among the land records of the county or city in which the condominium is located.\n\n","order_by":null,"text":{"0":{"id":1377795,"text":"If any portion of the common elements is taken by eminent domain, the award for such taking shall be paid to the unit owners’ association, provided, however, that the portion of the award attributable to the taking of any permanently assigned limited common element shall be allocated by the order to the unit owner of the unit to which that limited common element was so assigned at the time of the taking. If that limited common element was permanently assigned to more than one unit at the time of the taking, then the portion of the award attributable to the taking of such limited common element shall be allocated in equal shares to the unit owners of the units to which it was so assigned or in such other shares as the condominium instruments may specify for this express purpose. A permanently assigned limited common element is a limited common element that cannot be reassigned or that can be reassigned only with the consent of the unit owner of the unit to which it is assigned in accordance with § 55.1-1919.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":1377796,"text":"If one or more units are taken by eminent domain, the undivided interest in the common elements appertaining to any such unit shall thenceforth appertain to the remaining units, being allocated to them in proportion to their respective undivided interests in the common elements. The court shall enter an order reflecting the reallocation of undivided interests produced by such taking, and the award shall include just compensation to the unit owner of any unit taken for his undivided interest in the common elements as well as for his unit.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":1377797,"text":"1. If portions of any unit are taken by eminent domain, the court shall determine the fair market value of the portions of such unit not taken, and the undivided interest in the common elements appertaining to any such units shall be reduced, in the case of each such unit, in proportion to the diminution in the fair market value of such unit resulting from the taking.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"C2"},"3":{"id":1377798,"text":"The portions of undivided interest in the common elements thereby divested from the unit owners of any such units shall be reallocated among those units and the other units in the condominium in proportion to their respective undivided interests in the common elements, with any units partially taken participating in such reallocation on the basis of their undivided interests as reduced in accordance with subdivision 1.","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C","next_prefix":"C3"},"4":{"id":1377799,"text":"The court shall enter an order reflecting the reallocation of undivided interests produced thereby, and the award shall include just compensation to the unit owner of any unit partially taken for that portion of his undivided interest in the common elements divested by operation of subdivision 1 and not revested by operation of subdivision 2, as well as for that portion of his unit taken by eminent domain.","type":"section","prefixes":["C","3"],"prefix":"3","entire_prefix":"C3","prefix_anchor":"C3","level":2,"prior_prefix":"C2","next_prefix":"D"},"5":{"id":1377800,"text":"If, however, the taking of a portion of any unit makes it impractical to use the remaining portion of that unit for any lawful purpose permitted by the condominium instruments, then the entire undivided interest in the common elements appertaining to that unit shall thenceforth appertain to the remaining units, being allocated to them in proportion to their respective undivided interests in the common elements, and the remaining portion of that unit shall thenceforth be a common element. The court shall enter an order reflecting the reallocation of undivided interests produced thereby, and the award shall include just compensation to the unit owner of such unit for his entire undivided interest in the common elements and for his entire unit.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C3","next_prefix":"E"},"6":{"id":1377801,"text":"Votes in the unit owners’ association, rights to future common surpluses, and liabilities for future common expenses not specially assessed, appertaining to any unit taken or partially taken by eminent domain, shall thenceforth appertain to the remaining units, being allocated to them in proportion to their relative voting strength in the unit owners’ association, with any units partially taken participating in such reallocation as though their voting strength in the unit owners’ association had been reduced in proportion to the reduction in their undivided interests in the common elements, and the order of the court shall provide accordingly.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"7":{"id":1377802,"text":"The order of the court shall require the recordation of such order among the land records of the county or city in which the condominium is located.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E"}},"ancestry":[{"id":52635,"edition_id":2,"name":"General Provisions","identifier":"1","label":"article","depth":4,"order_by":1,"parent_id":52634,"metadata":{"child_laws":7,"child_structures":0},"date_created":"2026-08-02 03:02:06","date_modified":"2026-08-02 12:35:28","permalink":{"id":1473627,"object_type":"structure","relational_id":52635,"identifier":"1","token":"55.1\/IV\/19\/1","url":"\/55.1\/IV\/19\/1\/","edition_id":2,"permalink":0,"preferred":1}},{"id":52634,"edition_id":2,"name":"Virginia Condominium Act","identifier":"19","label":"chapter","depth":3,"order_by":2,"parent_id":52629,"metadata":{"child_laws":95,"child_structures":5},"date_created":"2026-08-02 03:02:06","date_modified":"2026-08-02 12:35:28","permalink":{"id":1473625,"object_type":"structure","relational_id":52634,"identifier":"19","token":"55.1\/IV\/19","url":"\/55.1\/IV\/19\/","edition_id":2,"permalink":0,"preferred":1}},{"id":52629,"edition_id":2,"name":"Common Interest Communities","identifier":"IV","label":"subtitle","depth":2,"order_by":4,"parent_id":52600,"metadata":{"child_laws":309,"child_structures":30},"date_created":"2026-08-02 03:01:58","date_modified":"2026-08-02 12:35:28","permalink":{"id":1473475,"object_type":"structure","relational_id":52629,"identifier":"IV","token":"55.1\/IV","url":"\/55.1\/IV\/","edition_id":2,"permalink":0,"preferred":1}},{"id":52600,"edition_id":2,"name":"Property and Conveyances","identifier":"55.1","label":"title","depth":1,"order_by":120,"parent_id":null,"metadata":{"child_laws":875,"child_structures":101},"date_created":"2026-08-02 03:01:36","date_modified":"2026-08-02 12:35:20","permalink":{"id":1471771,"object_type":"structure","relational_id":52600,"identifier":"55.1","token":"55.1","url":"\/55.1\/","edition_id":2,"permalink":0,"preferred":1}}],"structure_contents":[{"id":369403,"structure_id":52635,"section_number":"55.1-1900","catch_line":"Definitions","url":"\/55.1-1900\/","token":"55.1\/IV\/19\/1\/55.1-1900","metadata":false},{"id":369404,"structure_id":52635,"section_number":"55.1-1901","catch_line":"Application and construction of chapter","url":"\/55.1-1901\/","token":"55.1\/IV\/19\/1\/55.1-1901","metadata":false},{"id":369405,"structure_id":52635,"section_number":"55.1-1902","catch_line":"Variation by agreement","url":"\/55.1-1902\/","token":"55.1\/IV\/19\/1\/55.1-1902","metadata":false},{"id":369406,"structure_id":52635,"section_number":"55.1-1903","catch_line":"Separate assessments, titles, and taxation","url":"\/55.1-1903\/","token":"55.1\/IV\/19\/1\/55.1-1903","metadata":false},{"id":369407,"structure_id":52635,"section_number":"55.1-1904","catch_line":"Association charges","url":"\/55.1-1904\/","token":"55.1\/IV\/19\/1\/55.1-1904","metadata":false},{"id":369408,"structure_id":52635,"section_number":"55.1-1905","catch_line":"Local ordinances; nonconforming conversion condominiums; applicability of Uniform Statewide Building Code; other regulations","url":"\/55.1-1905\/","token":"55.1\/IV\/19\/1\/55.1-1905","metadata":false},{"id":369409,"structure_id":52635,"section_number":"55.1-1906","catch_line":"Eminent domain","url":"\/55.1-1906\/","token":"55.1\/IV\/19\/1\/55.1-1906","metadata":false}],"previous_section":{"id":369408,"structure_id":52635,"section_number":"55.1-1905","catch_line":"Local ordinances; nonconforming conversion condominiums; applicability of Uniform Statewide Building Code; other regulations","url":"\/55.1-1905\/","token":"55.1\/IV\/19\/1\/55.1-1905","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/55.1-1906\/","history_text":"

This law was first created in 1974. The record of its establishment is cataloged in chapter 416 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 1974 \u201cActs\u201d aren\u2019t available online. It has been modified 5 times. 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. Those modifications are as follows: in 1975, chapter 415; in 1982, chapter 545; in 1998, chapter 32<\/a>; in 2019, chapter 712<\/a>; in 2020, chapter 592<\/a>.<\/p>","references":false,"refers_to":[{"id":369422,"section_number":"55.1-1919","catch_line":"Assignments of limited common elements; conversion to common element","order_by":null,"url":"\/55.1-1919\/"}],"permalink":{"id":1473653,"object_type":"law","relational_id":369409,"identifier":"55.1-1906","token":"55.1\/IV\/19\/1\/55.1-1906","url":"\/55.1-1906\/","edition_id":2,"permalink":0,"preferred":1},"url":"\/55.1-1906\/","token":"55.1\/IV\/19\/1\/55.1-1906","dublin_core":{"Title":"Eminent domain","Type":"Text","Format":"text\/html","Identifier":"\u00a7 55.1-1906","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> If any portion of the common elements<\/span> is taken by eminent domain, the award for such taking shall be paid to the unit owners<\/span>’ association, provided, however, that the portion of the award attributable to the taking of any permanently assigned limited common element<\/span> shall be allocated by the order<\/span> to the unit owner<\/span> of the unit to which that limited common element<\/span> was so assigned at the time of the taking. If that limited common element<\/span> was permanently assigned to more than one unit at the time of the taking, then the portion of the award attributable to the taking of such limited common element<\/span> shall be allocated in equal shares to the unit owners<\/span> of the units<\/span> to which it was so assigned or in such other shares as the condominium<\/span> instruments may specify for this express purpose. A permanently assigned limited common element<\/span> is a limited common element<\/span> that cannot be reassigned or that can be reassigned only with the consent of the unit owner<\/span> of the unit to which it is assigned in accordance with § 55.1-1919<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> If one or more units<\/span> are taken by eminent domain, the undivided interest in the common elements<\/span> appertaining to any such unit shall thenceforth appertain to the remaining units<\/span>, being allocated to them in proportion to their respective undivided interests in the common elements<\/span>. The court<\/span> shall enter an order<\/span> reflecting the reallocation of undivided interests produced by such taking, and the award shall include just compensation to the unit owner<\/span> of any unit taken for his undivided interest in the common elements<\/span> as well as for his unit. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> 1. If portions of any unit are taken by eminent domain, the court<\/span> shall determine the fair market value of the portions of such unit not taken, and the undivided interest in the common elements<\/span> appertaining to any such units<\/span> shall be reduced, in the case of each such unit, in proportion to the diminution in the fair market value of such unit resulting from the taking. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The portions of undivided interest in the common elements<\/span> thereby divested from the unit owners<\/span> of any such units<\/span> shall be reallocated among those units<\/span> and the other units<\/span> in the condominium<\/span> in proportion to their respective undivided interests in the common elements<\/span>, with any units<\/span> partially taken participating in such reallocation on the basis of their undivided interests as reduced in accordance with subdivision 1. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> The court<\/span> shall enter an order<\/span> reflecting the reallocation of undivided interests produced thereby, and the award shall include just compensation to the unit owner<\/span> of any unit partially taken for that portion of his undivided interest in the common elements<\/span> divested by operation of subdivision 1 and not revested by operation of subdivision 2, as well as for that portion of his unit taken by eminent domain. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> If, however, the taking of a portion of any unit makes it impractical to use the remaining portion of that unit for any lawful purpose permitted by the condominium<\/span> instruments, then the entire undivided interest in the common elements<\/span> appertaining to that unit shall thenceforth appertain to the remaining units<\/span>, being allocated to them in proportion to their respective undivided interests in the common elements<\/span>, and the remaining portion of that unit shall thenceforth be a common element. The court<\/span> shall enter an order<\/span> reflecting the reallocation of undivided interests produced thereby, and the award shall include just compensation to the unit owner<\/span> of such unit for his entire undivided interest in the common elements<\/span> and for his entire unit. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Votes in the unit owners<\/span>’ association, rights to future common surpluses, and liabilities for future common expenses<\/span> not specially assessed, appertaining to any unit taken or partially taken by eminent domain, shall thenceforth appertain to the remaining units<\/span>, being allocated to them in proportion to their relative voting strength in the unit owners<\/span>’ association, with any units<\/span> partially taken participating in such reallocation as though their voting strength in the unit owners<\/span>’ association had been reduced in proportion to the reduction in their undivided interests in the common elements<\/span>, and the order<\/span> of the court<\/span> shall provide accordingly. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> The order<\/span> of the court<\/span> shall require the recordation of such order<\/span> among the land<\/span> records of the county or city in which the condominium<\/span> is located. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nEMINENT DOMAIN (\u00a7 55.1-1906)\n\nA. If any portion of the common elements is taken by eminent domain, the award\nfor such taking shall be paid to the unit owners’ association, provided,\nhowever, that the portion of the award attributable to the taking of any\npermanently assigned limited common element shall be allocated by the order to\nthe unit owner of the unit to which that limited common element was so assigned\nat the time of the taking. If that limited common element was permanently\nassigned to more than one unit at the time of the taking, then the portion of\nthe award attributable to the taking of such limited common element shall be\nallocated in equal shares to the unit owners of the units to which it was so\nassigned or in such other shares as the condominium instruments may specify for\nthis express purpose. A permanently assigned limited common element is a limited\ncommon element that cannot be reassigned or that can be reassigned only with the\nconsent of the unit owner of the unit to which it is assigned in accordance with\n§ 55.1-1919.\n\nB. If one or more units are taken by eminent domain, the undivided interest in\nthe common elements appertaining to any such unit shall thenceforth appertain to\nthe remaining units, being allocated to them in proportion to their respective\nundivided interests in the common elements. The court shall enter an order\nreflecting the reallocation of undivided interests produced by such taking, and\nthe award shall include just compensation to the unit owner of any unit taken\nfor his undivided interest in the common elements as well as for his unit.\n\nC. 1. If portions of any unit are taken by eminent domain, the court shall\ndetermine the fair market value of the portions of such unit not taken, and the\nundivided interest in the common elements appertaining to any such units shall\nbe reduced, in the case of each such unit, in proportion to the diminution in\nthe fair market value of such unit resulting from the taking.\n\n 2. The portions of undivided interest in the common elements thereby divested\n from the unit owners of any such units shall be reallocated among those units\n and the other units in the condominium in proportion to their respective\n undivided interests in the common elements, with any units partially taken\n participating in such reallocation on the basis of their undivided interests\n as reduced in accordance with subdivision 1.\n\n 3. The court shall enter an order reflecting the reallocation of undivided\n interests produced thereby, and the award shall include just compensation to\n the unit owner of any unit partially taken for that portion of his undivided\n interest in the common elements divested by operation of subdivision 1 and not\n revested by operation of subdivision 2, as well as for that portion of his\n unit taken by eminent domain.\n\nD. If, however, the taking of a portion of any unit makes it impractical to use\nthe remaining portion of that unit for any lawful purpose permitted by the\ncondominium instruments, then the entire undivided interest in the common\nelements appertaining to that unit shall thenceforth appertain to the remaining\nunits, being allocated to them in proportion to their respective undivided\ninterests in the common elements, and the remaining portion of that unit shall\nthenceforth be a common element. The court shall enter an order reflecting the\nreallocation of undivided interests produced thereby, and the award shall\ninclude just compensation to the unit owner of such unit for his entire\nundivided interest in the common elements and for his entire unit.\n\nE. Votes in the unit owners’ association, rights to future common\nsurpluses, and liabilities for future common expenses not specially assessed,\nappertaining to any unit taken or partially taken by eminent domain, shall\nthenceforth appertain to the remaining units, being allocated to them in\nproportion to their relative voting strength in the unit owners’\nassociation, with any units partially taken participating in such reallocation\nas though their voting strength in the unit owners’ association had been\nreduced in proportion to the reduction in their undivided interests in the\ncommon elements, and the order of the court shall provide accordingly.\n\nF. The order of the court shall require the recordation of such order among the\nland records of the county or city in which the condominium is located.\n\nHISTORY: 1974, c. 416, \u00a7 55-79.44; 1975, c. 415; 1982, c. 545; 1998, c. 32;\n2019, c. 712; 2020, c. 592.","edition":{"id":2,"name":"2026","slug":"2026","date_created":"2026-07-16 18:40:23","date_modified":"2026-08-02 15:14:36","current":1,"order_by":2,"last_import":"2026-08-02 12:37:30"}}