Sec. 47-206. Eminent domain.
Sec. 47-206. Eminent domain. (a) If a unit is acquired by eminent domain or part
of a unit is acquired by eminent domain leaving the unit owner with a remnant that may
not practically or lawfully be used for any purpose permitted by the declaration, the
award shall include compensation to the unit owner for that unit and its allocated interests, whether or not any common elements are acquired. On acquisition, unless the
decree otherwise provides, that unit's allocated interests are automatically reallocated
to the remaining units in proportion to the respective allocated interests of those units
before the taking, and the association shall promptly prepare, execute and record an
amendment to the declaration reflecting the reallocations. Any remnant of a unit remaining after part of a unit is taken under this subsection is thereafter a common element.
(b) Except as provided in subsection (a) of this section, if part of a unit is acquired
by eminent domain, the award shall compensate the unit owner for the reduction in
value of the unit and its interest in the common elements, whether or not any common
elements are acquired. On acquisition, unless the decree otherwise provides, (1) that
unit's allocated interests are reduced in proportion to the reduction in the size of the
unit, or on any other basis specified in the declaration, and (2) the portion of the allocated
interests divested from the partially acquired unit are automatically reallocated to that
unit and to the remaining units in proportion to the respective allocated interests of those
units before the taking, with the partially-acquired unit participating in the reallocation
on the basis of its reduced allocated interests.
(c) If part of the common elements is acquired by eminent domain, the award shall
compensate the unit owners affected by the taking for the reduction in value of the units
resulting from the acquisition, and the portion of the award attributable to the common
elements taken shall be paid to the association. Unless the declaration provides otherwise, any portion of the award attributable to the acquisition of a limited common element shall be equally divided among the owners of the units to which that limited common element was allocated at the time of acquisition.
(d) The court decree shall be recorded in every town in which any portion of the
common interest community is located.
(P.A. 83-474, S. 7, 96; P.A. 05-288, S. 165.)
History: P.A. 05-288 made technical changes in Subsec. (b), effective July 13, 2005.