§ 11-112. Allocation of eminent domain awards and damages
West's Annotated Code of MarylandReal Property
MD Code, Real Property, § 11-112
§ 11-112. Allocation of eminent domain awards and damages
(a) In this section, the term “taking under the power of eminent domain” includes any sale in settlement of any pending or threatened condemnation proceeding.
(b) The declaration or bylaws may provide for an allocation of any award for a taking under the power of eminent domain of all or a part of the condominium. The declaration or bylaws also may provide for (1) reapportionment or other change of the percentage interests appurtenant to each unit remaining after any taking; (2) the rebuilding, relocation, or restoration of any improvements so taken in whole or in part; and (3) the termination of the condominium regime following any taking.
(c) Unless otherwise provided in the declaration or bylaws, any damages for a taking of all or part of a condominium shall be awarded as follows:
(d) Unless otherwise provided in the declaration or bylaws, following the taking of a part of a condominium, the council of unit owners shall not be obligated to replace improvements taken but promptly shall undertake to restore the remaining improvements of the condominium to a safe and habitable condition. Any costs of such restoration shall be a common expense.
(e) Unless provided in the declaration or bylaws, following the taking of all or a part of any unit, the percentage interests appurtenant to the unit shall be adjusted in proportion as the amount of floor area of the unit so taken bears to the floor area of the unit prior to the taking. The council of unit owners promptly shall prepare and record an amendment to the declaration reflecting the new percentage interests appurtenant to the unit. Subject to subsection (g) of this section:
(f) All damages for each unit shall be distributed in accordance with the priority of interests at law or in equity in each respective unit.
Credits
Added by Acts 1974, c. 641, § 2, eff. July 1, 1974. Amended by Acts 1976, c. 348, § 1; Acts 1981, c. 246, § 1, eff. July 1, 1981; Acts 1989, c. 5, § 1.
MD Code, Real Property, § 11-112, MD REAL PROP § 11-112
Current with all legislation from the 2023 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
End of Document |