356-B:6 Eminent Domain. –
I. If any portion of the common area 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 area; provided, however, that the portion of the award attributable to the taking of any permanently assigned limited common area shall be allocated by the decree to the unit owner of the unit to which that limited common area was so assigned at the time of the taking. If that limited common area was permanently assigned to more than one unit at the time of the taking, then 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 condominium instruments may specify for this express purpose. A permanently assigned limited common area is a limited common area which cannot be reassigned or which can be reassigned only with the consent of the unit owner or owners of the unit or units to which it is assigned. In the event of a taking or acquisition of a part or all of the common areas by a condemning authority, the statutory notices of hearing shall be served on the unit owners' association acting on behalf of all of the unit owners at least 30 days prior to such hearing, and the award or proceeds of settlement shall be payable to the unit owners' association for the use and benefit of the unit owners and their mortgagees as their interest may appear in accordance with this section. The unit owners' association shall represent the unit owners in any condemnation proceedings or in negotiations, settlements and agreements with the condemning authorities for acquisition of the common areas or any part thereof and the unit owners' association shall act as attorney-in-fact for each unit owner for the purposes of this section.
II. If one or more units are taken by eminent domain, the undivided interest in the common area appertaining to any such unit shall thenceforth appertain to the remaining units, being allocated to them in proportion to their respective undivided interests in the common area. 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 area as well as for his unit.
III. If portions of any unit are taken by eminent domain, the court shall determine the fair market value of the portions of such unit not taken and the undivided interest in the common area appertaining to any such units 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 portions of undivided interest in the common area thereby divested from the unit owners of any such units shall be reallocated among those units and the other units in the condominium in proportion to their respective undivided interests in the common area, with any units partially taken participating 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 area divested from him by operation of the first sentence of this paragraph and not revested in him by operation of the following sentence, as well as for that portion of his unit taken by eminent domain.
IV. If, however, the taking of a portion of any unit makes it impractical to use the remaining portion of that unit for any lawful purpose permitted by the condominium instruments, then the entire undivided interest in the common area appertaining to that unit shall thenceforth appertain to the remaining units, being allocated to them in proportion to their respective undivided interests in the common area, and the remaining portion of that unit shall thenceforth be common area. 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 such unit for his entire undivided interest in the common area and for his entire unit.
V. 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 them in proportion to their relative voting strength in the unit owners' association, with any units partially taken participating in such reallocation as though their voting strength in the unit owners' association has been reduced in proportion to their reduction in their undivided interests in the common area, and the decree of the court shall provide accordingly.
VI. The decree of the court shall require recordation thereof in the registry of deeds of the county in which the condominium is located.
Source. 1977, 468:1. 1989, 149:1, eff. July 16, 1989.