Title 44, Chapter 3, Section 97
( 44-3-97)
(a) If any portion of the common elements is taken by eminent
domain, the award therefor shall be allocated to the unit owners in
proportion to their respective undivided interests in the common
elements unless otherwise provided in the condominium instruments;
provided, however, that the portion of the award attributable to the
taking of any permanently assigned limited common element shall be
allocated to the unit owner of the unit to which that limited common
element was so assigned at the time of the taking. If any limited
common element is permanently assigned to more than one unit at the
time of the taking, the portion of the award attributable to the
taking thereof shall be allocated in equal shares to the unit owners
of the units to which it was so assigned or in such other shares as
the declaration may specify for this purpose. (b) If one or more units are taken by eminent domain, the undivided
interest in the common elements pertaining to any such units shall
then pertain to the remaining units to be allocated to them in
proportion to their respective undivided interests in the common
elements. The court shall enter a decree reflecting the reallocation
of undivided interests produced thereby; and the award shall
include, without limitation, just compensation to the unit owner of
any unit taken for his undivided interest in the common elements as
well as for his unit. (c) If a portion of any unit is taken by eminent domain, the court
shall determine the fair market value of the portion of such unit
not taken; and the undivided interest in the common elements
pertaining to any such unit shall be reduced, in the case of each
such unit, in proportion to the diminution in the fair market value
of such unit resulting from the taking. The portion of undivided
interest in the common elements thereby divested from the unit owner
of any such unit shall be reallocated among that unit and the other
units in the condominium in proportion to their respective undivided
interests in the common elements. Any units partially taken shall
participate in such reallocation on the basis of their undivided
interests as reduced in accordance with the preceding sentence. The
court shall enter a decree reflecting the reallocation of undivided
interests produced thereby; and the award shall include, without
limitation, just compensation to the unit owner of any unit
partially taken for that portion of his undivided interest in the
common elements divested from him by operation of the first sentence
of this subsection and not revested in him by operation of the
second sentence of this subsection as well as for that portion of
his unit taken by eminent domain. (d) If the taking of a portion of any unit makes it impractical to
use the remaining portion of that unit for the primary purpose
permitted by the condominium instruments, the entire undivided
interest in the common elements pertaining to that unit shall then
pertain to the remaining units, to be allocated to them in
proportion to their respective undivided interests in the common
elements, and the remaining portion of that unit shall thenceforth
be a part of the common elements. The court shall enter a decree
reflecting the reallocation of the undivided interests produced
thereby; and the award shall include, without limitation, just
compensation to the unit owner of such unit for his entire undivided
interest in the common elements and for his entire unit.
(e) Votes in the association and liability for future common
expenses pertaining to any unit or units taken or partially taken by
eminent domain shall then pertain to the remaining units, to be
allocated to them in proportion to their relative voting strength in
the association and liability for common expenses, respectively,
with any unit partially taken participating in such reallocation as
though its voting strength and its liability for common expenses in
the association had been reduced in proportion to the reduction in
its undivided interest in the common elements and the decree of the
court shall provide accordingly. (f) Any or all of the matters which, under this Code section, are
prescribed for the determination of the court may instead be
resolved by amendment to the declaration agreed to by unit owners to
which more than 50 percent of the votes in the association pertain,
including the unit owner of all units wholly or partially taken, or
to which there is appurtenant any permanently assigned limited
common element wholly or partially taken, together with the
mortgagee of each such unit. |