Utah § 57-8-32.5 - Property taken by eminent domain -- Allocation of award -- Reallocation of interests.
Full text of Utah Utah Code § 57-8-32.5 — Property taken by eminent domain -- Allocation of award -- Reallocation of interests., with citation guidance and answers to common questions.
§ 57-8-32.5. Property taken by eminent domain -- Allocation of award -- Reallocation of interests.
57-8-32.5. Property taken by eminent domain -- Allocation of award -- Reallocation of interests.
| (1) | If any portion of the common areas and facilities is taken by eminent domain, the award for it shall be allocated to the unit owners in proportion to their respective undivided interests in the common areas and facilities. |
| (2) | If any units are taken by eminent domain, the undivided interest in the common areas and facilities appertaining to these units shall thenceforth appertain to the remaining units, being allocated to them in proportion to their respective undivided interests in the common areas and facilities. The court shall enter a decree reflecting the reallocation of undivided interests so produced, and the award shall include, without limitation, just compensation to the unit owner of any unit taken for the unit owner's undivided interest in the common areas and facilities as well as for the unit owner's unit. |
| (3) | If portions of any unit are taken by eminent domain, the court shall determine the fair market value of the portions of the unit not taken, and the undivided interest in the common areas and facilities appertaining to any such units shall be reduced, in the case of each unit, in proportion to the diminution in the fair market value of the unit resulting from the taking. The portions of undivided interest in the common areas and facilities thus divested from the unit owners of these units shall be reallocated among these units and the other units in the condominium project in proportion to their respective undivided interests in the common areas and facilities, with any units partially taken participating in the reallocation on the basis of their undivided interests as reduced in accordance with the preceding sentence. The court shall enter a decree reflecting the reallocation of undivided interests produced by this, and the award shall include, without limitation, just compensation to the unit owner of any unit partially taken for that portion of the unit owner's undivided interest in the common areas and facilities divested from the unit owner by operation of the first sentence of this Subsection (3), and not revested in the unit owner by operation of the following sentence, as well as for that portion of the unit owner's unit taken by eminent domain. |
| (4) | The court shall enter a decree reflecting the reallocation of undivided interests produced by this, and the award shall include, without limitation, just compensation to the unit owner of any unit partially taken for that portion of the unit owner's undivided interest in the common areas and facilities divested from the unit owner and also not revested in the unit owner under this Subsection (4), as well as for that portion of the unit owner's unit taken by eminent domain. |
| (5) | 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 declaration, then the entire undivided interest in the common areas and facilities appertaining to that unit shall thenceforth appertain to the remaining units, being allocated to them in proportion to their respective undivided interest in the common areas and facilities, and the remaining portion of that unit shall thenceforth be a common area and facility. The court shall enter a decree reflecting the reallocation of undivided interests produced by this, and the award shall include, without limitation, just compensation to the unit owner of the unit for the unit owner's entire undivided interest in the common areas and facilities and for the unit owner's entire unit. |
Amended by Chapter 302, 2025 General Session
Source: official Utah text · Last verified 2026-08-27
Frequently Asked Questions About Utah § 57-8-32.5
What does Utah Code § 57-8-32.5 cover?
Section 57-8-32.5 ("Property taken by eminent domain -- Allocation of award -- Reallocation of interests.") is part of the Utah Code, the codified statutory law of Utah. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Utah § 57-8-32.5?
A common citation format is "Utah Code § 57-8-32.5" (Utah). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Utah law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.
How does Utah § 57-8-32.5 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Utah.