§ 1263.230.Removed Or Destroyed Improvements Not Taken Into Account
Title 7. Eminent Domain Law · Chapter 9. Compensation · Article 3. Compensation for Improvements · Enacted 1975 · no amendments on record · Last verified July 29, 2026
In one sentenceSection 1263.230 excludes improvements pertaining to the realty from compensation if removed or destroyed before the plaintiff takes title or possession (or before a possession order's effective date), and it excludes any improvements the defendant removes or destroys at any time, while still counting resulting damage to the remaining property.
(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.
(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.
Plain-English Summary
This section draws a timing line and a fault line around removed or destroyed improvements. Subdivision (a) sets the timing line: improvements pertaining to the realty are left out of the compensation calculation to the extent they're removed or destroyed before the earliest of three events -- the plaintiff taking title, the plaintiff taking possession, or, if the defendant vacates under a possession order, the date specified in that order (or 24 hours after the defendant gives the plaintiff written notice of an early move, if that comes first).
Subdivision (b) draws the fault line. Whenever the defendant removes or destroys an improvement pertaining to the realty -- at any time, not just before those triggering events -- that improvement drops out of the compensation calculation entirely. But if that removal or destruction damages the rest of the property, that damage is still counted, to the extent it lowers the value of what remains. The defendant can take the improvement, but not get paid for it and also leave the rest of the parcel worse off at the plaintiff's expense.
Frequently Asked Questions
When does an improvement's removal take it out of the compensation calculation?
If it happens before the earliest of the plaintiff taking title, taking possession, or the effective date in a possession order, under § 1263.230(a).
What if the defendant removes an improvement pertaining to the realty at any point in the case?
It's excluded from compensation under § 1263.230(b), regardless of timing.
Does removing an improvement let the defendant avoid liability for damage to the rest of the property?
No. Any resulting damage to the remaining property is still taken into account, to the extent it reduces that property's value.
What happens if the defendant moves out early under a possession order?
The relevant date becomes 24 hours after the plaintiff receives written notice of the early move, if that occurs before the date specified in the order.
Amendment History
Added by Stats. 1975, Ch. 1275.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 29, 2026.
· Official source
Also known as:removed improvements not compensated eminent domaindefendant destroys improvements condemnation compensation