If the estate charged with an annuity is taken by eminent domain, its price shall remain liable for the payment of the principal of the annuity and of the pensions due, said annuity being extinguished.
The foregoing provisions are also applicable in the case in which the taking by eminent domain is of a part of the estate only, should its price be sufficient to cover the principal of the annuity.
Should it not be sufficient, the annuity shall continue to be charged on the remainder of the estate, provided its price be sufficient to cover the principal of the annuity and twenty-five (25) percent in addition. In any other case the person paying the annuity shall be bound either to substitute the part taken with another security or to redeem the annuity, at his option, without prejudice to the provisions of section 4214 of this title, with regard to emphyteutic annuities.
History —Civil Code, 1930, § 1519.