11-973. Buildings, structures and
improvements
A. Notwithstanding any other provision of law, if the acquiring agency acquires any
interest in real property, it shall also acquire the same interest in all buildings,
structures or other improvements located upon the real property so acquired and which
will be removed from such real property or which will be adversely affected by the use to
which such real property will be put.
B. For the purpose of determining the just compensation to be paid for any
building, structure or other improvement required to be acquired by subsection A, such
building, structure or other improvement shall be deemed to be a part of the real
property to be acquired, notwithstanding the right or obligation of a tenant, as against
the owner of any other interest in the real property, to remove such building, structure
or improvement at the expiration of his term, and the fair market value which such
building, structure or improvement contributes to the fair market value of the real
property to be acquired, or the fair market value of such building, structure, or
improvement, for removal from the real property, whichever is the greater, shall be paid
to the tenant therefor.
C. Payment under this section shall not result in duplication of any payments
otherwise authorized by law. No such payment shall be made unless the owner of the land
involved disclaims all interest in the improvements of the tenant. In consideration for
any such payment, the tenant shall assign, transfer and release to the acquiring agency
all his right, title and interest in and to such improvements. Nothing in this section
shall be construed to deprive the tenant of any rights to reject payment under this
section and to obtain payment for such property interests in accordance with applicable
law, other than this section.
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