[sammyg2]

A good tax lawyer (did I say that?) will get around this.
The structure is what is depreciated, but that land is not. The land is what increases in value (unless you made improvements to the structure) so you can offset the appreciation by saying that isn't what you depreciated.
Sounds a bit like picking nits but I've been through this. When I sold a townhouse that was a rental unit I kep the full depreciation credit even though the sale price was substantially higher than the purchase price.
That was about 8 years ago tho, the rules might have changed since then. YMMV