12-1256. Damages; limitation; set-off


A. If the interest of plaintiff expires before the time in which he may be put in
possession, he shall obtain judgment for damages only.


B. The plaintiff shall not recover for the use and occupation of the premises for
more than five years prior to commencement of the action.


C. When plaintiff is entitled to damages for withholding, using or injuring the
property, defendant may set off the value of permanent improvements made thereon to the
extent of the damages.