448.1-107. Eminent domain.

MISSOURI STATUTES AND CODES

Eminent domain.

448.1-107. 1. If a unit is acquired by eminent domain, orif part of a unit is acquired by eminent domain leaving the unitowner with a remnant which may not practically or lawfully beused for any purpose permitted by the declaration, the awardshall compensate the unit owner for his unit and its interest inthe common elements, whether or not any common elements areacquired. Upon acquisition, unless the decree otherwiseprovides, that unit's allocated interests are automaticallyreallocated to the remaining units in proportion to therespective allocated interests of those units before the taking,and the association shall promptly prepare, execute, and recordan amendment to the declaration reflecting the reallocations.Any remnant of a unit remaining after part of a unit is takenunder this subsection is thereafter a common element.

2. Except as provided in subsection 1 of this section, ifpart of a unit is acquired by eminent domain, the award shallcompensate the unit owner for the reduction in value of the unitand its interest in the common elements, whether or not anycommon elements are acquired. Upon acquisition, unless thedecree otherwise provides, (1) that unit's allocated interestsare reduced in proportion to the reduction in the size of theunit, or on any other basis specified in the declaration, and (2)the portion of the allocated interests divested from thepartially acquired unit are automatically reallocated to thatunit and the remaining units in proportion to the respectiveallocated interests of those units before the taking, with thepartially acquired unit participating in the reallocation on thebasis of its reduced allocated interests.

3. If part of the common elements is acquired by eminentdomain, the portion of the award attributable to the commonelements taken shall be paid to the association. Unless thedeclaration provides otherwise, any portion of the awardattributable to the acquisition of a limited common element shallbe equally divided among the owners of the units to which thatlimited common element was allocated at the time of acquisition.

4. The court decree shall be recorded in every county inwhich any portion of the condominium is located.