California Revenue and Taxation Code

§ 107

RTC § 107 Effective Jul 17, 1996Div. 1 · Part 1 · Ch. 1

Statute text

“Possessory interests” means the following:

(a)Possession of, claim to, or right to the possession of land or improvements that is independent, durable, and exclusive of rights held by others in the property, except when coupled with ownership of the land or improvements in the same person. For the purposes of this subdivision:

(1)“Independent” means the ability to exercise authority and exert control over the management or operation of the property or improvements, separate and apart from the policies, statutes, ordinances, rules, and regulations of the public owner of the property or improvements. A possession or use is independent if the possession or operation of the property is sufficiently autonomous to constitute more than a mere agency.

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Legislative history

Amended by Stats. 1996, Ch. 171, Sec. 2. Effective July 17, 1996.