§ 47C-1-107. Eminent domain.
§ 47C‑1‑107. Eminent domain.
(a) If a unit is acquired by eminent domain, or if part of aunit is acquired by eminent domain leaving the unit owner with a remnant whichmay not practically or lawfully be used for any purpose permitted by thedeclaration, the award must compensate the unit owner for his unit and itsinterest in the common elements, whether or not any common elements areacquired. Unless the condemnor acquires the right to use the unit's interest incommon elements, that unit's allocated interests are automatically reallocatedto the remaining units in proportion to the respective allocated interests ofthose units before the taking exclusive of the unit taken, and the associationshall promptly prepare, execute, and record an amendment to the declarationreflecting the reallocations. Any remnant of a unit remaining after part of aunit is taken under this subsection is thereafter a common element.
(b) Except as provided in subsection (a), if part of a unit isacquired by eminent domain, the award must compensate the unit owner for thereduction in value of the unit and of its interest in the common elements,whether or not any common elements are acquired. Upon acquisition, unless thedecree otherwise provides, (1) that unit's allocated interests are reduced inproportion to the reduction in the size of the unit, or on any other basisspecified in the declaration, and (2) the portion of the allocated interestsdivested from the partially acquired unit is automatically reallocated to thatunit and the remaining units in proportion to the respective allocatedinterests of those units before the taking, with the partially acquired unitparticipating in the reallocation on the basis of its reduced allocatedinterests.
(c) If part of the common elements is acquired by eminentdomain, the portion of the award not payable to unit owners under subsection(a) must be paid to the association. Unless the declaration provides otherwise,any portion of the award attributable to the acquisition of a limited commonelement must be apportioned among the owners of the units to which that limitedcommon element was allocated at the time of acquisition.
(d) The court decree shall be recorded in every county in whichany portion of the condominium is located. (1985 (Reg. Sess., 1986), c. 877, s. 1.)