1974, March, Pg. 11. Assessment Appeals in Colorado.

• Author: By John M. Yeager

3 Colo.Law. 11

Colorado Lawyer

1974.

1974, March, Pg. 11.

Assessment Appeals in Colorado

11Vol. 3, No. 5, Pg. 11Assessment Appeals in ColoradoBy John M. YeagerJohn M. Yeager, Boulder, is a partner in the firm of Hurth, Yeeger & Sisk. His article is based on his address delivered to the Western States Association of Tax Administrators at its convention in Colorado Springs on October 31, 1973.

In 1971, Colorado revised the procedure for appeal of an assessor's valuation for assessment to provide for a board of assessment appeals to hear appeals from the individual county boards of equalization. Prior to 1971 an appeal from the board of equalization had to be taken directly to the district court in the county where the property was located. The board of assessment appeals provides an intermediate step between the board of equalization and the district court. (See block diagram in Appendix.)

This paper discusses the various steps in Colorado's procedure from assessment to judicial review by appellate court.

The Assessor

The date of assessment in Colorado is noon on January 1st and all property is valued for the year as of that time. If the assessor increases the valuation of the property from the prior year he must, prior to June 1st, send to the taxpayer a notice of increased valuation.(fn1) Prior to June 1st the assessor publishes notice that beginning on the second Monday in June he will sit to hear "all objections and protests concerning valuations of taxable property determined by him for the current year."(fn2) The hearings before the assessor must be concluded by the last working day in June.(fn3)

If the assessor denies the protest he is required to fill out a standard form prepared by the state property tax division of the department of local affairs and mail two copies to the aggrieved taxpayer. The form contains the assessor's reasons for denying the change in valuation and must set forth the specific and detailed statutory grounds as follows:1. Location and desirability,

2. Functional use;

3. Current replacement cost, new, less depreciation;

4. Comparison with other properties of known or recognized value;

5. Market value in the ordinary course of trade;

6. Earning or productive capacity;

7. Carrying capacity;

8. Yields;

9. Classification; and

10. Capitalization rate.

This form also containsa statement informing [the taxpayer] of his right to appeal, the time and place at which the county board of equalization will hear appeals from determination of the assessor, and that, by mailing one copy of the form to the county board of equalization before the12second Wednesday of July of that year, such person will be deemed to have filed his petition for hearing with the county board of equalization.(fn6)

This form serves as the taxpayer's petition for appeal to the board of equalization and he may state thereon any reasons he has for disagreeing with the assessor's valuation.

Should the assessor fail or refuse to send out this appeal form the taxpayer may still present his case to the board of equalization by whatever means he desires.(fn7)

The County Board of...