CONDEMNATION

Does state statute provide for condemnation of common property?

State law provides that the power of eminent domain may be exercised to acquire private property for public use. The Eminent Domain Law is codified at the Code of Civil Procedure §§1230.010 et seq. This power includes the right to acquire interest in common area property of an association. (CCP §1240.110) The California Code of Regulations provides that CC&Rs for CIDs (at least at the time of creation) must include provisions on the action to be taken and procedures to be followed in the event of a condemnation, as well as provisions concerning the use and disposition of awards or insurance proceeds. (§2792.8(a)(21)