5107 - Eminent domain.

     § 5107.  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     unit owner with a remnant which may not practically or lawfully     be used for any purpose permitted by the declaration, the award     shall compensate the unit owner for the unit and, except for the     value, if any, of the interest of other units in any controlled     facilities that were at the time of the taking a part of the     unit subject to the taking, its appurtenant interest in the     planned community reflected by its allocated common expenses     liability, whether or not any common elements are acquired. Upon     acquisition, unless the decree otherwise provides, the unit's     allocated votes and liabilities shall automatically be     reallocated to the remaining units in proportion to the     respective allocated votes and liabilities of those units before     the taking. 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 shall be a common facility.        (b)  Acquisition of part of unit.--Except as provided in     subsection (a), if part of a unit is acquired by eminent domain,     the award shall compensate the unit owner for the reduction in     value of the unit and its appurtenant interest in the planned     community, whether or not any common facilities or controlled     facilities are acquired, and shall compensate the association     for the value, if any, of the interest of other units in any     controlled facilities that were at the time of the taking a part     of the unit subject to the taking. Upon acquisition, unless the     decree otherwise provides, the following shall apply:            (1)  The unit's appurtenant votes in the association and        common expense liability shall be reduced on the basis        specified in the declaration with respect to the reallocation        of votes and common expense liability in the event of eminent        domain or, if the declaration does not specify a basis, as        initially allocated based on the formulae stated in the        declaration under section 5208 (relating to allocation of        votes and common expense liabilities).            (2)  The portion of the appurtenant votes and common        expense liability divested from the partially acquired unit        shall be automatically reallocated to that unit and the        remaining units in proportion to the respective appurtenant        votes and liabilities of those units before the taking, with        the partially acquired unit participating in the reallocation        on the basis of its reduced allocated votes and liabilities.        (c)  Acquisition of part of common facilities.--If part of     the common facilities is acquired by eminent domain, the portion     of the award attributable to the interest of the association in     the common facilities taken shall be paid to the association.     The association shall divide any portion of the award not used     for any restoration or repair of the remaining common facilities     among the unit owners in proportion to the common expense     liability attributable to the units before the taking, but any     portion of the award attributable to the acquisition of a     limited common facility shall be equally divided among the     owners of the units to which that limited common facility was     allocated at the time of acquisition or in any manner as     provided in the declaration.        (d)  Acquisition of part of controlled facilities.--If, as     part of a unit acquired by eminent domain, controlled facilities     are taken which benefit other units, that portion of the award     attributable to the interest of the other units in the     controlled facilities taken shall be paid to the association.     The association shall divide any portion of the award not used     for any restoration or repair of the remaining controlled     facilities equally among the unit owners whose units were     benefited by the controlled facilities that have been taken.        Cross References.  Section 5107 is referred to in sections     5102, 5207, 5208, 5219, 5220, 5312 of this title.