                                 CODE OF VIRGINIA

EMINENT DOMAIN (§ 55.1-1906)

A. If any portion of the common elements is taken by eminent domain, the award
for such taking shall be paid to the unit owners&#8217; association, provided,
however, that the portion of the award attributable to the taking of any
permanently assigned limited common element shall be allocated by the order to
the unit owner of the unit to which that limited common element was so assigned
at the time of the taking. If that limited common element was permanently
assigned to more than one unit at the time of the taking, then the portion of
the award attributable to the taking of such limited common element 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 element is a limited
common element that cannot be reassigned or that can be reassigned only with the
consent of the unit owner of the unit to which it is assigned in accordance with
&#xA7; 55.1-1919.

B. If one or more units are taken by eminent domain, the undivided interest in
the common elements 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 elements. The court shall enter an order
reflecting the reallocation of undivided interests produced by such taking, and
the award shall include just compensation to the unit owner of any unit taken
for his undivided interest in the common elements as well as for his unit.

C. 1. 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 elements 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.

   2. The portions of undivided interest in the common elements 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 elements, with any units partially taken
   participating in such reallocation on the basis of their undivided interests
   as reduced in accordance with subdivision 1.

   3. The court shall enter an order reflecting the reallocation of undivided
   interests produced thereby, and the award shall include just compensation to
   the unit owner of any unit partially taken for that portion of his undivided
   interest in the common elements divested by operation of subdivision 1 and not
   revested by operation of subdivision 2, as well as for that portion of his
   unit taken by eminent domain.

D. 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
elements 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 elements, and the remaining portion of that unit shall
thenceforth be a common element. The court shall enter an order reflecting the
reallocation of undivided interests produced thereby, and the award shall
include just compensation to the unit owner of such unit for his entire
undivided interest in the common elements and for his entire unit.

E. Votes in the unit owners&#8217; association, rights to future common
surpluses, and liabilities for future common expenses not specially assessed,
appertaining to any unit 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&#8217;
association, with any units partially taken participating in such reallocation
as though their voting strength in the unit owners&#8217; association had been
reduced in proportion to the reduction in their undivided interests in the
common elements, and the order of the court shall provide accordingly.

F. The order of the court shall require the recordation of such order among the
land records of the county or city in which the condominium is located.

HISTORY: 1974, c. 416, § 55-79.44; 1975, c. 415; 1982, c. 545; 1998, c. 32;
2019, c. 712; 2020, c. 592.