§ 34-36.1-1.07 Eminent domain. – (a) If a unit is acquired by eminent domain, or if part of a unit is acquiredby eminent domain leaving the unit owner with a remnant which may notpractically or lawfully be used for any purpose permitted by the declaration,the award must compensate the unit owner for his or her unit and its interestin the common elements, whether or not any common elements are acquired. Uponacquisition, unless the decree otherwise provides, that unit's allocatedinterests are automatically reallocated to the remaining units in proportion tothe respective allocated interests of those units before the taking, and theassociation shall promptly prepare, execute, and record an amendment to thedeclaration reflecting the reallocations. Any remnant of a unit remaining afterpart of a unit is taken under this subsection is thereafter a common element.
(b) Except as provided in subsection (a), if part of a unitis acquired by eminent domain, the award must compensate the unit owner for thereduction in value of the unit and its interest in the common elements, whetheror not any common elements are acquired. Upon acquisition, unless the decreeotherwise provides:
(1) That unit's allocated interests are reduced in proportionto the reduction in the size of the unit, or on any other basis specified inthe declaration, and
(2) The portion of the allocated interests divested from thepartially acquired unit are automatically reallocated to that unit and theremaining units in proportion to the respective allocated interests of thoseunits before the taking, with the partially acquired unit participating in thereallocation on the basis of its reduced allocated interests.
(c) If part of the common elements is acquired by eminentdomain the portion of the award attributable to the common elements taken mustbe paid to the association. Unless the declaration provides otherwise, anyportion of the award attributable to the acquisition of a limited commonelement must be equally divided among the owners of the units to which thatlimited common element was allocated at the time of acquisition.
(d) The court decree shall be recorded in every municipalityin which any portion of the condominium is located.
§ 34-36.1-1.07 Eminent domain. – (a) If a unit is acquired by eminent domain, or if part of a unit is acquiredby eminent domain leaving the unit owner with a remnant which may notpractically or lawfully be used for any purpose permitted by the declaration,the award must compensate the unit owner for his or her unit and its interestin the common elements, whether or not any common elements are acquired. Uponacquisition, unless the decree otherwise provides, that unit's allocatedinterests are automatically reallocated to the remaining units in proportion tothe respective allocated interests of those units before the taking, and theassociation shall promptly prepare, execute, and record an amendment to thedeclaration reflecting the reallocations. Any remnant of a unit remaining afterpart of a unit is taken under this subsection is thereafter a common element.
(b) Except as provided in subsection (a), if part of a unitis acquired by eminent domain, the award must compensate the unit owner for thereduction in value of the unit and its interest in the common elements, whetheror not any common elements are acquired. Upon acquisition, unless the decreeotherwise provides:
(1) That unit's allocated interests are reduced in proportionto the reduction in the size of the unit, or on any other basis specified inthe declaration, and
(2) The portion of the allocated interests divested from thepartially acquired unit are automatically reallocated to that unit and theremaining units in proportion to the respective allocated interests of thoseunits before the taking, with the partially acquired unit participating in thereallocation on the basis of its reduced allocated interests.
(c) If part of the common elements is acquired by eminentdomain the portion of the award attributable to the common elements taken mustbe paid to the association. Unless the declaration provides otherwise, anyportion of the award attributable to the acquisition of a limited commonelement must be equally divided among the owners of the units to which thatlimited common element was allocated at the time of acquisition.
(d) The court decree shall be recorded in every municipalityin which any portion of the condominium is located.
§ 34-36.1-1.07 Eminent domain. – (a) If a unit is acquired by eminent domain, or if part of a unit is acquiredby eminent domain leaving the unit owner with a remnant which may notpractically or lawfully be used for any purpose permitted by the declaration,the award must compensate the unit owner for his or her unit and its interestin the common elements, whether or not any common elements are acquired. Uponacquisition, unless the decree otherwise provides, that unit's allocatedinterests are automatically reallocated to the remaining units in proportion tothe respective allocated interests of those units before the taking, and theassociation shall promptly prepare, execute, and record an amendment to thedeclaration reflecting the reallocations. Any remnant of a unit remaining afterpart of a unit is taken under this subsection is thereafter a common element.
(b) Except as provided in subsection (a), if part of a unitis acquired by eminent domain, the award must compensate the unit owner for thereduction in value of the unit and its interest in the common elements, whetheror not any common elements are acquired. Upon acquisition, unless the decreeotherwise provides:
(1) That unit's allocated interests are reduced in proportionto the reduction in the size of the unit, or on any other basis specified inthe declaration, and
(2) The portion of the allocated interests divested from thepartially acquired unit are automatically reallocated to that unit and theremaining units in proportion to the respective allocated interests of thoseunits before the taking, with the partially acquired unit participating in thereallocation on the basis of its reduced allocated interests.
(c) If part of the common elements is acquired by eminentdomain the portion of the award attributable to the common elements taken mustbe paid to the association. Unless the declaration provides otherwise, anyportion of the award attributable to the acquisition of a limited commonelement must be equally divided among the owners of the units to which thatlimited common element was allocated at the time of acquisition.
(d) The court decree shall be recorded in every municipalityin which any portion of the condominium is located.
