In case of the exercise of eminent domain, the provisions of the first paragraph of § 4194 of this title shall be observed if the entire estate should be thus taken.
Should it be thus taken only in part, the price of what has been taken shall be divided between the legal and beneficial owner, the former receiving the part of the principal of the annuity, which proportionally belongs to the part taken, according to the value given to the entire estate when the annuity was constituted, or which served as a basis for the redemption, and the remainder shall belong to the emphyteuticary.
In this case the annuity shall continue on the rest of the estate, with the proper reduction of the principal and the pensions, unless the emphyteuticary chooses between the total redemption or the abandonment in favor of the legal owner.
If, in accordance with what has been agreed upon, laudemio is to be paid, the legal owner shall receive that, which for this reason pertains to him, only from the part of the price belonging to the emphyteuticary.
History —Civil Code, 1930, § 1523.