When any action in eminent domain for the condemnation of the fee title of an entire parcel of land subject to a contract is filed or when such land is acquired in lieu of eminent domain for a public improvement by a public agency or whenever there is any such action or acquisition by the federal government or power of the federal government, such contract shall be deemed null and void as to the land actually being condemned or acquired as of the date the action is filed and for the purposes of establishing the value of such land, the contract shall be deemed never to have existed.

Upon termination of such a proceeding, the contract shall be null and void for all land actually taken or acquired.

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5 Guam Code Ann. GOVERNMENT OPERATIONS
CH. 65 LAND CONSERVATION ACT

When such an action to condemn or acquire less than all of a parcel of land subject to a contract is commenced, the contract shall be deemed null and void as to the land actually condemned or acquired and shall be disregarded in the valuation process only as to the land actually being taken, unless the remaining land subject to contract will be adversely affected by the condemnation, in which case the value of that damage shall be computed without regard to the contract.

When such an action to condemn or acquire an interest which is less than the fee title of an entire parcel or any portion thereof, or land subject to a contract is commenced, the contract shall be deemed null and void as to such interest and for the purpose of establishing the value of such interest only shall be deemed never to have existed, unless the remaining interests in any of the land subject to the contract will be adversely affected, in which case the value of that damage shall be computed without regard to the contract.

The land actually taken shall be removed from the contract. Under no circumstances shall land be removed that is not actually taken, except that when only a portion of the land or less than a fee interest in the land is taken or acquired, the contract may be cancelled with respect to the remaining portions or interest upon petition of either party and pursuant to the provisions of Article 4.

For the purpose of this section, a finding by the Department that no authorized use may be made of the land if the contract is continued on the remaining portions or interest in the land may satisfy the requirements of subsections (a) and (b) of § 655401.

SOURCE: GC § 12530.

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