California Code of Civil Procedure 1263.230 – (a) Improvements pertaining to the realty shall not be taken …
(a) Improvements pertaining to the realty shall not be taken into account in determining compensation to the extent that they are removed or destroyed before the earliest of the following times:
(1) The time the plaintiff takes title to the property.
Terms Used In California Code of Civil Procedure 1263.230
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- improvements pertaining to the realty: include any machinery or equipment installed for use on property taken by eminent domain, or on the remainder if such property is part of a larger parcel, that cannot be removed without a substantial economic loss or without substantial damage to the property on which it is installed, regardless of the method of installation. See California Code of Civil Procedure 1263.205
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Property: includes both personal and real property. See California Code of Civil Procedure 17
(2) The time the plaintiff takes possession of the property.
(3) If the defendant moves from the property in compliance with an order for possession, the date specified in the order; except that, if the defendant so moves prior to such date and gives the plaintiff written notice thereof, the date 24 hours after such notice is received by the plaintiff.
(b) Where improvements pertaining to the realty are removed or destroyed by the defendant at any time, such improvements shall not be taken into account in determining compensation. Where such removal or destruction damages the remaining property, such damage shall be taken into account in determining compensation to the extent it reduces the value of the remaining property.
(Added by Stats. 1975, Ch. 1275.)