4107 - Eminent domain.

     § 4107.  Eminent domain.        (a)  General rule.--If a unit is acquired by eminent domain     or if part of a unit is acquired by eminent domain leaving the     proprietary lessee with a remnant which may not practically or     lawfully be used for any purpose permitted by the declaration,     the award must include compensation to the proprietary lessee     for the value of his cooperative interest. Upon acquisition of     all of a unit by eminent domain, unless the decree otherwise     provides, that cooperative interest's allocated interests are     automatically reallocated to the remaining cooperative interests     in proportion to the respective allocated interests of those     cooperative interests before the taking, and the association     shall promptly prepare, execute and record an amendment to the     declaration reflecting the reallocations. Any remnant of a unit     remaining after part of a unit is taken under this subsection is     thereafter a common element.        (b)  Acquisition of part of a unit.--Except as provided in     subsection (a), if part of a unit is acquired by eminent domain,     the award must compensate the proprietary lessee for the     reduction in value of his cooperative interest. Upon     acquisition, unless the decree otherwise provides:            (1)  That cooperative interest's allocated interests are        reduced in proportion to the reduction in the size of the        unit or on any other basis specified in the declaration.            (2)  The portion of the allocated interests divested from        the cooperative interest of which the partially acquired unit        is a part are automatically reallocated to that cooperative        interest and the remaining units in proportion to the        respective allocated interests of those cooperative interests        before the taking, with the cooperative interest of which the        partially acquired unit is a part participating in the        reallocation on the basis of its reduced allocated interests.        (c)  Acquisition of part of common elements.--If part of the     common elements is acquired by eminent domain, the portion of     the award attributable to the common elements taken must be paid     to the association. Unless the declaration provides otherwise,     any portion of the award attributable to the acquisition of a     limited common element must be equally divided among the     proprietary lessees of the units to which that limited common     element was allocated at the time of acquisition.        (d)  Recording court decree.--The court decree shall be     recorded in every county in which any portion of the cooperative     is located.        Cross References.  Section 4107 is referred to in sections     4102, 4206, 4209, 4216, 4217, 4313 of this title.