§ 34-36.1-1.07. Eminent domain.
(a) 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 must compensate the unit owner for his or her unit and its interest in the common elements, whether or not any common elements are acquired. Upon acquisition, unless the decree otherwise provides, that unit’s allocated interests are automatically reallocated to the remaining units in proportion to the respective allocated interests of those units 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) Except as provided in subsection (a), if part of a unit is acquired by eminent domain, the award must compensate the unit owner for the reduction in value of the unit and its interest in the common elements, whether or not any common elements are acquired. Upon acquisition, unless the decree otherwise provides:
(1) That unit’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, and
(2) The portion of the allocated interests divested from the partially acquired unit are automatically reallocated to that unit and the remaining units in proportion to the respective allocated interests of those units before the taking, with the partially acquired unit participating in the reallocation on the basis of its reduced allocated interests.
(c) 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 owners of the units to which that limited common element was allocated at the time of acquisition.
(d) The court decree shall be recorded in every municipality in which any portion of the condominium is located.
History of Section.P.L. 1982, ch. 329, § 2.
Structure Rhode Island General Laws
Chapter 34-36.1 - Condominium Law
Article I - General Provisions
Section 34-36.1-1.01. - Short title.
Section 34-36.1-1.02. - Applicability.
Section 34-36.1-1.03. - Definitions.
Section 34-36.1-1.04. - Variation by agreement.
Section 34-36.1-1.05. - Separate titles and taxation.
Section 34-36.1-1.06. - Applicability of local ordinances, regulations, and building codes.
Section 34-36.1-1.07. - Eminent domain.
Section 34-36.1-1.08. - Supplemental general principles of law applicable.
Section 34-36.1-1.09. - Severability.
Section 34-36.1-1.10. - Unconscionable agreement or term of contract.
Section 34-36.1-1.11. - Obligation of good faith.
Section 34-36.1-1.12. - Remedies to be liberally administered.