55-79.44 - Eminent domain.
§ 55-79.44. Eminent domain.
(a) If any portion of the common elements is taken by eminent domain, theaward therefor shall be paid to the unit owners' association. Provided,however, that the portion of the award attributable to the taking of anypermanently assigned limited common element shall be allocated by the decreeto the unit owner of the unit to which that limited common element was soassigned at the time of the taking. If that limited common element waspermanently assigned to more than one unit at the time of the taking, thenthe portion of the award attributable to the taking thereof shall beallocated in equal shares to the unit owners of the units to which it was soassigned or in such other shares as the condominium instruments may specifyfor this express purpose. A permanently assigned limited common element is alimited common element which cannot be reassigned or which can be reassignedonly with the consent of the unit owner or owners of the unit or units towhich it is assigned in accordance with § 55-79.57.
(b) If one or more units is taken by eminent domain, the undivided interestin the common elements appertaining to any such unit shall thenceforthappertain to the remaining units, being allocated to them in proportion totheir respective undivided interests in the common elements. The court shallenter a decree reflecting the reallocation of undivided interests producedthereby, and the award shall include, without limitation, just compensationto the unit owner of any unit taken for his undivided interest in the commonelements as well as for his unit.
(c) If portions of any unit are taken by eminent domain, the court shalldetermine the fair market value of the portions of such unit not taken, andthe undivided interest in the common elements appertaining to any such unitsshall be reduced, in the case of each such unit, in proportion to thediminution in the fair market value of such unit resulting from the taking.The portions of undivided interest in the common elements thereby divestedfrom the unit owners of any such units shall be reallocated among those unitsand the other units in the condominium in proportion to their respectiveundivided interests in the common elements, with any units partially takenparticipating in such reallocation on the basis of their undivided interestsas reduced in accordance with the preceding sentence. The court shall enter adecree reflecting the reallocation of undivided interests produced thereby,and the award shall include, without limitation, just compensation to theunit owner of any unit partially taken for that portion of his undividedinterest in the common elements divested from him by operation of the firstsentence of this subsection and not revested in him by operation of thefollowing sentence, as well as for that portion of his unit taken by eminentdomain.
(d) If, however, the taking of a portion of any unit makes it impractical touse the remaining portion of that unit for any lawful purpose permitted bythe condominium instruments, then the entire undivided interest in the commonelements appertaining to that unit shall thenceforth appertain to theremaining units, being allocated to them in proportion to their respectiveundivided interests in the common elements, and the remaining portion of thatunit shall thenceforth be a common element. The court shall enter a decreereflecting the reallocation of undivided interests produced thereby, and theaward shall include, without limitation, just compensation to the unit ownerof such unit for his entire undivided interest in the common elements and forhis entire unit.
(e) Votes in the unit owners' association, rights to future common profits,and liabilities for future common expenses not specially assessed,appertaining to any unit or units taken or partially taken by eminent domain,shall thenceforth appertain to the remaining units, being allocated to themin proportion to their relative voting strength in the unit owners'association, with any units partially taken participating in suchreallocation as though their voting strength in the unit owners' associationhad been reduced in proportion to the reduction in their undivided interestsin the common elements, and the decree of the court shall provide accordingly.
(f) The decree of the court shall require the recordation thereof among theland records of the city or county in which the condominium is located.
(1974, c. 416; 1975, c. 415; 1982, c. 545; 1998, c. 32.)