Delaware Eminent Domain Laws

Delaware eminent domain laws can be found in 25 Del. C. § 81-107.  Pursuant to the section, if a unit or part of a unit is acquired by eminent domain, the owner of the unit must be awarded compensation.  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 re-allocations.

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: (i) 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 (ii) the portion of the allocated interests divested from the partially acquired unit are automatically reallocated to that unit and to 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[i].

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.  The court decree or order must be recorded in every county in which any portion of the common interest community is located[ii].

[i] 25 Del. C. § 81-107.

[ii] 25 Del. C. § 81-107.


Inside Delaware Eminent Domain Laws