Exemption from Reassessment Retained for Rebuilt Property Destroyed by Disaster up to 120% of Value of Original

In a Governor-declared disaster an exemption from reassessment will be retained for reconstructed improvements which are comparable to the improvement replaced if similar in size, utility, and function and within 120% of value of original property.

This law allows owners of property substantially damaged or destroyed in a Governor-declared disaster to reconstruct comparable improvements onsite with a return to the former improvement's base year value.  While existing law effectively allows this in a form of a new construction exclusion, this law adds a new provision specific to post-disaster reconstruction following a Governor-recognized event and allows a more generous comparability definition.  Specifically, it defines the term "comparable" using the same 120% definistion used when a victim of a major disaster decides to reconstruct replacement property on site of the damaged property.  Under this definition, reconstructed improvements will be found comparable to the improvement replaced if similar in size, utility, and function and withing 120% of value.  This law applies to real property damaged or destroyed by misfortune or calamity on or after January 1, 2017.

Assembly Bill 2013 is codified as Tax and Revenue Section 70.5. Effective January 1, 2021.

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