CO Code § 39-5-121 (2021)
2021 Colorado Code|Title 39 - Taxation|Article 5 - Valuation and Taxation|Part 1 - Real and Personal Property|§ 39-5-121. Notice of Valuation - Legislative Declaration - Repeal

      No later than May 1 in each year, the assessor shall mail to each person who owns land or improvements a notice setting forth the valuation of such land or improvements. For agricultural property, the notice must separately state the actual value of such land or improvements in the previous year, the actual value in the current year, and the amount of any adjustment in actual value. For all other property, the notice must state the total actual value of such land and improvements together in the previous year, the total actual value in the current year, and the amount of any adjustment in total actual value. The notice must not state the valuation for assessment of such land or improvements or combination of land and improvements. Based upon the classification of such taxable property, the notice must also set forth the appropriate ratio of valuation for assessment to be applied to said actual value prior to the calculation of property taxes for the current year and that any change or adjustment of the ratio of valuation for assessment must not constitute grounds for the protest or abatement of taxes. With the approval of the board of county commissioners, the assessor may include in the notice an estimate of the taxes owed for the current property tax year. If such estimate is included, the notice must clearly state that the tax amount is merely an estimate based upon the best available information. The notice must state, in bold-faced type, that the taxpayer has the right to protest any adjustment in valuation but not the estimate of taxes if such an estimate is included in the notice, the classification of the property that determines the assessment percentage to be applied, and the dates and places at which the assessor will hear such protest. The notice must also set forth the following: That, to preserve the taxpayer's right to protest, the taxpayer shall notify the assessor either in writing or in person of the taxpayer's objection and protest; that such notice must be delivered, postmarked, or given in person no later than June 1; and that, after such date, the taxpayer's right to object and protest the adjustment in valuation is lost. The notice must be mailed together with a form that, if completed by the taxpayer, allows the taxpayer to explain the basis for the taxpayer's valuation of the property. Such form may be completed by the taxpayer to initiate an appeal of the assessor's valuation. However, in accordance with section 39-5-122 (2), completion of this form does not constitute the exclusive means of appealing the assessor's valuation. For the years that intervene between changes in the level of value, if the difference between the actual value of such land or improvements in the previous year and the actual value of such land or improvements in the intervening year as set forth in such notice constitutes an increase in actual value of more than seventy-five percent, the assessor shall mail together with the notice an explanation of the reasons for such increase in actual value. (a) (I)No later than May 1 in each year, the assessor shall mail to each person who owns land or improvements a notice setting forth the valuation of such land or improvements. For agricultural property, the notice must separately state the actual value of such land or improvements in the previous year, the actual value in the current year, and the amount of any adjustment in actual value. For all other property, the notice must state the total actual value of such land and improvements together in the previous year, the total actual value in the current year, and the amount of any adjustment in total actual value. The notice must not state the valuation for assessment of such land or improvements or combination of land and improvements. Based upon the classification of such taxable property, the notice must also set forth the appropriate ratio of valuation for assessment to be applied to said actual value prior to the calculation of property taxes for the current year and that any change or adjustment of the ratio of valuation for assessment must not constitute grounds for the protest or abatement of taxes. With the approval of the board of county commissioners, the assessor may include in the notice an estimate of the taxes owed for the current property tax year. If such estimate is included, the notice must clearly state that the tax amount is merely an estimate based upon the best available information. The notice must state, in bold-faced type, that the taxpayer has the right to protest any adjustment in valuation but not the estimate of taxes if such an estimate is included in the notice, the classification of the property that determines the assessment percentage to be applied, and the dates and places at which the assessor will hear such protest. The notice must also set forth the following: That, to preserve the taxpayer's right to protest, the taxpayer shall notify the assessor either in writing or in person of the taxpayer's objection and protest; that such notice must be delivered, postmarked, or given in person no later than June 1; and that, after such date, the taxpayer's right to object and protest the adjustment in valuation is lost. The notice must be mailed together with a form that, if completed by the taxpayer, allows the taxpayer to explain the basis for the taxpayer's valuation of the property. Such form may be completed by the taxpayer to initiate an appeal of the assessor's valuation. However, in accordance with section 39-5-122 (2), completion of this form does not constitute the exclusive means of appealing the assessor's valuation. For the years that intervene between changes in the level of value, if the difference between the actual value of such land or improvements in the previous year and the actual value of such land or improvements in the intervening year as set forth in such notice constitutes an increase in actual value of more than seventy-five percent, the assessor shall mail together with the notice an explanation of the reasons for such increase in actual value.    Repealed.         Commencing as provided in subparagraph (II) of this paragraph (b), the notice of valuation for the first year of each reassessment cycle that is mailed to each person who owns land or improvements pursuant to paragraph (a) of this subsection (1) shall include, in addition to the information specified in paragraph (a) of this subsection (1), an itemized listing of the land and improvements and the characteristics that are germane to the value of such land and improvements. (b) (I) Commencing as provided in subparagraph (II) of this paragraph (b), the notice of valuation for the first year of each reassessment cycle that is mailed to each person who owns land or improvements pursuant to paragraph (a) of this subsection (1) shall include, in addition to the information specified in paragraph (a) of this subsection (1), an itemized listing of the land and improvements and the characteristics that are germane to the value of such land and improvements.    In a county with a population in excess of fifty thousand people, the information specified in subparagraph (I) of this paragraph (b) shall be included in notices of valuation mailed on or after January 1, 2001. In a county with a population of twenty-five thousand people or more but not more than fifty thousand people, the information specified in subparagraph (I) of this paragraph (b) shall be included in notices of valuation mailed on or after January 1, 2003. In a county with a population of less than twenty-five thousand people, the information specified in subparagraph (I) of this paragraph (b) shall be included in notices of valuation mailed on or after January 1, 2005. (1.2) A notice of valuation included with the tax bill shall fulfill the requirements of subsection (1) of this section. The general assembly hereby finds and declares that the notice procedure set forth in this subsection (1.2) facilitates the efficient and economic operation of local governments, consistent with the expressed purpose of section 20 of article X of the state constitution to reasonably restrain most the growth of government, and still fulfills the purposes of section 20 (8)(c) of said article X in the intervening year of each reassessment cycle when there is no change in value for the property in such year. (1.5)     No later than June 15 each year, the assessor shall mail to each person who owns taxable personal property a notice setting forth the valuation of the personal property. The notice must state the actual value of such personal property in the previous year, the actual value in the current year, and the amount of any adjustment in actual value. The notice must not state the valuation for assessment of the personal property. The notice must also set forth the ratio of valuation for assessment to be applied to said actual value prior to the calculation of property taxes for the current year. With the approval of the board of county commissioners, the assessor may include in the notice an estimate of the taxes owed for the current property tax year. If such an estimate is included, the notice must clearly state that the tax amount is merely an estimate based upon the best available information. The notice must state, in bold-faced type, that the taxpayer has the right to protest any adjustment in valuation but not the estimate of taxes if such an estimate is included in the notice, and the dates and places at which the assessor will hear protests. The notice must also set forth the following: To preserve the taxpayer's right to protest, the taxpayer shall notify the assessor either by mail or in person of the taxpayer's objection and protest; that the notice must be postmarked or physically delivered no later than June 30; and that, after such date, the taxpayer's right to object and protest the adjustment in valuation is lost. The notice must be mailed together with a form that, if completed by the taxpayer, allows the taxpayer to explain the basis for the taxpayer's valuation of the property. The form may be completed by the taxpayer to initiate an appeal of the assessor's valuation. However, in accordance with section 39-5-122 (2), completion of this form does not constitute the exclusive means of appealing the assessor's valuation. (a) (I)No later than June 15 each year, the assessor shall mail to each person who owns taxable personal property a notice setting forth the valuation of the personal property. The notice must state the actual value of such personal property in the previous year, the actual value in the current year, and the amount of any adjustment in actual value. The notice must not state the valuation for assessment of the personal property. The notice must also set forth the ratio of valuation for assessment to be applied to said actual value prior to the calculation of property taxes for the current year. With the approval of the board of county commissioners, the assessor may include in the notice an estimate of the taxes owed for the current property tax year. If such an estimate is included, the notice must clearly state that the tax amount is merely an estimate based upon the best available information. The notice must state, in bold-faced type, that the taxpayer has the right to protest any adjustment in valuation but not the estimate of taxes if such an estimate is included in the notice, and the dates and places at which the assessor will hear protests. The notice must also set forth the following: To preserve the taxpayer's right to protest, the taxpayer shall notify the assessor either by mail or in person of the taxpayer's objection and protest; that the notice must be postmarked or physically delivered no later than June 30; and that, after such date, the taxpayer's right to object and protest the adjustment in valuation is lost. The notice must be mailed together with a form that, if completed by the taxpayer, allows the taxpayer to explain the basis for the taxpayer's valuation of the property. The form may be completed by the taxpayer to initiate an appeal of the assessor's valuation. However, in accordance with section 39-5-122 (2), completion of this form does not constitute the exclusive means of appealing the assessor's valuation.    Repealed.       Notwithstanding paragraph (a) of this subsection (1.5), for taxable personal property on oil and gas leaseholds or lands for which the operator has filed the statement required by section 39-7-101 (1), the assessor shall send the notice of valuation only to the operator, who shall accept it. The acceptance of the notice of valuation by the operator shall not be construed as an indication that the operator agrees with the amount of the actual value of the property stated in the notice or as obligating the operator to pay the tax attributable to property in which the operator has no ownership interest. Upon the written request of the county treasurer, the operator shall submit to the treasurer a written statement containing the name and address of each person who has an ownership interest in the property. If the operator fails to submit the statement within thirty days after receiving the request, the operator shall pay a penalty to the treasurer in the amount of one hundred dollars or the amount of tax due on the property, whichever is less. (1.7) Notwithstanding any other provision of law, a taxpayer may request to receive by electronic transmission the notices of valuation required by subsections (1) and (1.5) of this section. The taxpayer shall submit along with the request an electronic address to which the assessor may send future notices of valuation. The assessor, upon receipt of such request by a taxpayer to receive notices of valuation electronically, may send all future notices of valuation by electronic transmission to the electronic address supplied by the taxpayer; except that, if a taxpayer subsequently requests to cease the electronic transmission of such notices and requests to receive future notices of valuation by mail, the assessor shall comply with the request. Failure of a taxpayer to receive the electronic notice of valuation shall not preclude collection by the treasurer of the amount of taxes due from and payable by the taxpayer. (1.8)   Notwithstanding any other provision of law, the assessor may mail abbreviated notices of valuation on a postcard. The property tax administrator shall approve the form of the abbreviated notice of valuation as required in section 39-2-109 (1)(d).    At a minimum, the postcard must:   Provide an accurate summary of the valuation information required under subsections (1) and (1.5) of this section;    Provide contact information for the assessor's office;    Include a link to the assessor's website where taxpayers can access the long form notice of valuation that includes all of the information required under subsections (1) and (1.5) of this section; and    State that the taxpayer may request to cease the transmission of the notice of valuation by postcard and may instead request to receive future long form notice of valuation mailed in an envelope.       If the taxpayer would prefer to not use the link to the assessor's website to access the long form notice of valuation, the taxpayer may contact the assessor's office and request a long form notice of valuation be mailed instead.    If a taxpayer makes a request described in subsection (1.8)(b)(IV) of this section, the assessor shall comply.    Failure of a taxpayer to receive the notice of valuation by postcard does not preclude collection by the treasurer of the amount of taxes due from and payable by the taxpayer.                  The assessor shall, no later than August 25 of each year, notify each taxing entity subject to the provisions of section 29-1-301, C.R.S., the division of local government, and the department of education of the total valuation for assessment of land and improvements within the entity and shall also report: The amount of the total valuation for assessment attributable to annexation or inclusion of additional land, and the improvements thereon, and personal property connected therewith, within the taxing entity for the preceding year; the amount attributable to new construction and personal property connected therewith, as defined by the administrator in manuals prepared pursuant to section 39-2-109 (1)(e), within the taxing entity for the preceding year; the amount attributable to increased volume of production for the preceding year by a producing mine if said mine is wholly or partially within the taxing entity and if such increase in volume of production causes an increase in the level of services provided by the taxing entity; and the amount attributable to previously legally exempt federal property that becomes taxable if such property causes an increase in the level of services provided by the taxing entity.    In addition to the information specified in paragraph (a) of this subsection (2), the assessor shall, no later than August 25 of each year, notify each taxing entity except school districts of the total actual value of all real property within the taxing entity and the total actual value of all real property within the taxing entity from construction of taxable real property improvements, minus destruction of similar improvements, and additions to, minus deletions from, taxable real property, in accordance with the manner prescribed by the administrator in manuals prepared pursuant to section 39-2-109 (1)(e).         On or before March 1, 2022, the administrator shall prepare a description of the property tax classes and subclasses set forth in sections 39-1-104 and 39-1-104.2, the ratio of valuation for assessment for the different classes and subclasses, and the property tax years that the various ratios of valuation for assessment apply. The assessor shall either include the description along with a notice of valuation that is required to be sent in the 2022 calendar year under subsection (1) or (1.5) of this section or make it available on the assessor's website.    This subsection (3) is repealed, effective July 1, 2023.        History. Source: L. 64: R&RE, p. 703, § 1. C.R.S. 1963: § 137-5-21. L. 67: P. 952, § 26. L. 76: Entire section amended, p. 687, § 4, effective July 1; (1) amended, p. 762, § 23, effective January 1, 1977. L. 81: (1) amended and (1.5) added, p. 1833, § 8, effective June 12; (2) amended, p. 1395, § 3, effective January 1, 1985. L. 83: (2) amended, p. 2073, § 4, effective October 13; (2) amended, p. 2052, § 24, effective October 14; (2) amended, pp. 2074, 2052, §§ 5, 25, effective January 1, 1985. L. 87: (2) amended, p. 1188, § 4, effective March 12. L. 88: (1) and (1.5) amended, p. 1298, § 5, effective April 29; (1) and (1.5) amended, p. 1285, § 17, effective May 23. L. 89: Entire section amended, p. 1453, § 9, effective June 7. L. 90: (1) amended, p. 1690, § 8, effective January 1, 1991. L. 92: (2) amended, p. 2182, § 54, effective June 2; (1) and (1.5) amended, p. 2207, § 4, effective January 1, 1993. L. 93: (2) amended, pp. 1282, 1688, §§ 2, 5, effective June 6. L. 96: (1), (1.5), and (2)(a) amended, p. 113, § 1, effective March 25; (1) and (1.5) amended and (1.2) added, p. 720, § 5, effective May 22. L. 99: (1) amended, p. 704, § 1, effective May 20. L. 2002: (1)(a) amended, p. 41, § 1, effective August 7. L. 2006: (1.5) amended, p. 33, § 1, effective March 13. L. 2008: (1.5)(a) amended, p. 948, § 3, effective August 5. L. 2010: (1.7) added,(HB 10-1117), ch. 195, p. 842, § 2, effective August 11. L. 2013: (1)(a) and (1.5)(a) amended,(HB 13-1113), ch. 11, p. 26, § 1, effective March 8. L. 2020: (1)(a)(I) and (1.5)(a)(I) amended and (1)(a)(II) and (1.5)(a)(II) repealed,(SB 20-136), ch. 70, p. 290, § 33, effective September 14. L. 2021: (1.8) added,(SB 21-019), ch. 14, p. 88, § 2, effective March 21; (1)(a)(I) amended and (3) added,(SB 21-293), ch. 301, p. 1811, § 10, effective June 23. History. Source: L. 64: R&RE, p. 703, § 1. C.R.S. 1963: § 137-5-21. L. 67: P. 952, § 26. L. 76: Entire section amended, p. 687, § 4, effective July 1; (1) amended, p. 762, § 23, effective January 1, 1977. L. 81: (1) amended and (1.5) added, p. 1833, § 8, effective June 12; (2) amended, p. 1395, § 3, effective January 1, 1985. L. 83: (2) amended, p. 2073, § 4, effective October 13; (2) amended, p. 2052, § 24, effective October 14; (2) amended, pp. 2074, 2052, §§ 5, 25, effective January 1, 1985. L. 87: (2) amended, p. 1188, § 4, effective March 12. L. 88: (1) and (1.5) amended, p. 1298, § 5, effective April 29; (1) and (1.5) amended, p. 1285, § 17, effective May 23. L. 89: Entire section amended, p. 1453, § 9, effective June 7. L. 90: (1) amended, p. 1690, § 8, effective January 1, 1991. L. 92: (2) amended, p. 2182, § 54, effective June 2; (1) and (1.5) amended, p. 2207, § 4, effective January 1, 1993. L. 93: (2) amended, pp. 1282, 1688, §§ 2, 5, effective June 6. L. 96: (1), (1.5), and (2)(a) amended, p. 113, § 1, effective March 25; (1) and (1.5) amended and (1.2) added, p. 720, § 5, effective May 22. L. 99: (1) amended, p. 704, § 1, effective May 20. L. 2002: (1)(a) amended, p. 41, § 1, effective August 7. L. 2006: (1.5) amended, p. 33, § 1, effective March 13. L. 2008: (1.5)(a) amended, p. 948, § 3, effective August 5. L. 2010: (1.7) added,(HB 10-1117), ch. 195, p. 842, § 2, effective August 11. L. 2013: (1)(a) and (1.5)(a) amended,(HB 13-1113), ch. 11, p. 26, § 1, effective March 8. L. 2020: (1)(a)(I) and (1.5)(a)(I) amended and (1)(a)(II) and (1.5)(a)(II) repealed,(SB 20-136), ch. 70, p. 290, § 33, effective September 14. L. 2021: (1.8) added,(SB 21-019), ch. 14, p. 88, § 2, effective March 21; (1)(a)(I) amended and (3) added,(SB 21-293), ch. 301, p. 1811, § 10, effective June 23.    Editor's note:    Amendments to subsection (2) by House Bill 83-1580 and Senate Bill 83-414 were harmonized. Amendments to subsection (2) by Senate Bill 93-255 and House Bill 93-1321 were harmonized. Amendments to subsections (1) and (1.5) by House Bill 96-1131 and House Bill 96-1063 were harmonized.    Section 3 of chapter 14 (SB 21-019), Session Laws of Colorado 2021, provides that the act changing this section applies to notices of valuation required to be mailed no later than May 1, 2021.     Cross references:    For the legislative declaration in SB 20-136, see section 1 of chapter 70, Session Laws of Colorado 2020.    For the legislative declaration in SB 21-019, see section 1 of chapter 14, Session Laws of Colorado 2021.     ANNOTATION   Law reviews. For article, “Property Tax Assessments in Colorado”, see 12 Colo. Law. 563 (1983). For article, “Appealing Property Tax Assessments”, see 15 Colo. Law. 798 (1986).   Annotator's note. The following annotations include cases decided under former provisions similar to this section.   Assessor's compliance with section condition precedent to tax levy. A compliance with this section by the county assessor is a condition precedent to the validity of a tax levy. Goldsmith v. Standard Chem. Co., 77 Colo. 1 , 233 P. 1110 (1925).   The assessor cannot ignore law and deprive taxpayer of rights. The omission of an assessor to give the statutory notice of a change in a tax schedule to a taxpayer is a denial of a substantial right; the assessor cannot, by ignoring the law, deprive the taxpayer of a right expressly fixed by these sections. Goldsmith v. Standard Chem. Co., 77 Colo. 1 , 233 P. 1110 (1925).   Proper discharge of duties is rebuttable presumption. A rebuttable presumption exists that public officials, including county assessors, properly discharge their statutory duties. Canyon Crest Villas S. v. Bd. of County Comm'rs, 36 Colo. App. 409, 542 P.2d 395 (1975).   Section deemed mandatory when taxpayer denied hearing. The requirements of this section and §§ 39-8-103 and 39-8-104 are to be construed as mandatory only in specific instances where it is clearly shown on behalf of an aggrieved taxpayer, that, on account of noncompliance with these statutory requirements by the county officials charged therewith, the taxpayer has been deprived of an opportunity for a hearing, or other right important to him. Northcutt v. Burton, 127 Colo. 145 , 254 P.2d 1013 (1953); Rico Argentine Mining Co. v. Bd. of County Comm'rs, 215 F. Supp. 208 (D. Colo. 1963 ).   No deprivation of relief by failure to file timely notice. The failure to provide timely notice of the correct amount of an increase in valuation does not deprive taxpayer of the right to administrative or judicial relief. Modular Cmtys., Inc. v. McKnight, 191 Colo. 101 , 550 P.2d 866 (1976).