C.R.S. § 39-5-122 — Taxpayer's remedies to correct errors

(1) (a) On or before May 1 of each year, the assessor shall give public notice in at least one issue of a newspaper published in the assessor's county that, beginning on the first working day after notices of adjusted valuation are mailed to taxpayers, the assessor will sit to hear all objections and protests concerning valuations of taxable real property determined by the assessor for the current year; that, for a taxpayer's objection and protest to be heard, notice must be given to the assessor; and that such notice must be postmarked, delivered, or given in person by June 8. The notice must also state that objections and protests concerning valuations of taxable personal property determined by the assessor for the current year will be heard commencing June 15; that, for a taxpayer's objection and protest to be heard, notice must be given to the assessor; and that such notice must be postmarked or physically delivered by June 30. If there is no such newspaper, then such notice must be conspicuously posted in the offices of the assessor, the treasurer, and the county clerk and recorder and in at least two other public places in the county seat. The assessor shall send news releases containing such notice to radio stations, television stations, and newspapers of general circulation in the county. (b) Repealed. (2) If any person is of the opinion that the person's property has been valued too high, has been twice valued, or is exempt by law from taxation or that property has been erroneously assessed to such person, the person may appear before the assessor and object, complete the form mailed with the person's notice of valuation pursuant to section 39-5-121 (1) or (1.5), or file a written letter of objection and protest by mail with the assessor's office before the last day specified in the notice, stating in general terms the reason for the objection and protest. Reasons for the objection and protest may include, but shall not be limited to, the installation and operation of surface equipment relating to oil and gas wells on agricultural land. Any change or adjustment of any ratio of valuation for assessment shall not constitute grounds for an objection. If the form initiating an appeal or the written letter of objection and protest is filed by mail, it shall be presumed that it was received as of the day it was postmarked. If the form initiating an appeal or the written letter of objection and protest is hand-delivered, the date it was received by the assessor shall be stamped on the form or letter. As stated in the public notice given by the assessor pursuant to subsection (1) of this section, the taxpayer's notification to the assessor of the taxpayer's objection and protest to the adjustment in valuation must be delivered, postmarked, or given in person by June 8 in the case of real property. In the case of personal property, the notice must be postmarked or physically delivered by June 30. All such forms and letters received from protesters shall be presumed to be on time unless the assessor can present evidence to show otherwise. The county shall not prescribe the written form of objection and protest to be used. The protester shall have the opportunity on the days specified in the public notice to present the protester's objection in writing or protest in person and be heard, whether or not there has been a change in valuation of such property from the previous year and whether or not any change is the result of a determination by the assessor for the current year or by the state board of equalization for the previous year. If the assessor finds any valuation to be erroneous or otherwise improper, the assessor shall correct the error. If the assessor declines to change any valuation that the assessor has determined, the assessor shall provide reasons in writing on the form described in section 39-8-106, shall insert the information otherwise required by the form, and shall mail two copies of the completed form to the person presenting the objection and protest so denied on or before the last regular working day of the assessor in June in the case of real property and on or before July 10 in the case of personal property; except that, if a county uses an alternate protest and appeal procedure pursuant to section 39-5-122.7, the assessor shall mail the copies on or before August 15 in the case of both real and personal property. (2.5) If the property that is the subject of an objection and protest is rent-producing commercial real property located in a county that uses an alternate protest and appeal procedure pursuant to section 39-5-122.7, then, on or before July 15, the taxpayer shall provide to the assessor the information described in section 39-8-107 (5)(a)(I). (3) Any person whose objection and protest has been denied in writing by the assessor may appeal to the county board of equalization in the manner provided in article 8 of this title. (4) The assessor shall continue the assessor's hearings from day to day until all objections and protests have been heard, but all such hearings must be concluded by June 8 in the case of real property and July 5 in the case of personal property. (5) (a) Any written statement given by any assessor which consists only of a denial of any objection and protest or which consists of a statement referring to compliance by the county with the requirements of valuation for assessment study shall not be sufficient to satisfy the requirements of subsection (2) of this section concerning the statement of reasons why an objection and protest is denied. (b) Any information presented by the taxpayer regarding the value of his property shall be considered by the assessor in determining whether an adjustment in value is warranted. (6) If, during the appeal process described in this section, the assessor discovers any error that impacts the valuation of a class or subclass of property, then, pursuant to section 39-8-102 (1), the assessor shall recommend to the county board of equalization an adjustment to the valuation of the class or subclass of property to correct the error. Source: L. 64: R&RE, p. 703, § 1. C.R.S. 1963: § 137-5-22. L. 73: p. 1441, § 1. L. 76: (1), (2), and (4) amended, p. 762, § 24, effective January 1, 1977. L. 77: (2) amended, p. 1735, § 16, effective June 20. L. 81: (1), (2), and (4) amended, p. 1833, § 9, effective June 12. L. 84: (2) amended, p. 1000, § 1, effective March 5. L. 88: (1), (2), and (4) amended, p. 1300, § 6, effective April 29; (2) amended, p. 1287, § 18, effective May 23. L. 89: (1) and (2) amended, p. 1455, § 10, effective June 7. L. 90: (1), (2), and (4) amended and (5) added, p. 1691, § 9, effective January 1, 1991. L. 92: (2) amended, pp. 2209, 2213, §§ 5, 11, effective June 3. L. 98: (2) amended, p. 468, § 2, effective July 1. L. 2002: (1) and (2) amended, p. 42, § 2, effective August 7. L. 2005: (2) amended, p. 390, § 1, effective April 27. L. 2008: (1) and (2) amended, p. 949, § 4, effective August 5. L. 2013: (1) amended, (HB 13-1113), ch. 11, p. 28, § 2, effective March 8. L. 2019: (2) amended and (2.5) added, (HB 19-1175), ch. 43, p. 147, § 1, effective March 21. L. 2020: (1)(a) amended and (1)(b) repealed, (SB 20-136), ch. 70, p. 292, § 34, effective September 14. L. 2021: (2) amended, (SB 21-293), ch. 301, p. 1812, § 12, effective June 23. L. 2022: (1)(a) and (2) amended and (6) added, (HB 22-1416), ch. 158, p. 998, § 4, effective August 10. L. 2025: (2), (2.5), and (4) amended, (HB 25-1324), ch. 445, p. 2558, § 1, effective June 4. Editor's note: Amendments to subsection (2) by sections 5 and 11 of Senate Bill 92-50 were harmonized. Cross references: For the legislative declaration in SB 20-136, see section 1 of chapter 70, Session Laws of Colorado 2020. 39-5-122.1. Appeal from illegal increase in valuation of property resulting from order of state board. (Repealed) Source: L. 77: Entire section added, p. 1736, § 17, effective June 20; entire section repealed, p. 1736, § 17, effective January 1, 1978. 39-5-122.5. Taxpayer's remedies - property tax credit for incorrect valuations used for property tax levied in 1987 for collection in 1988. (Repealed) Source: L. 88: Entire section added, p. 1288, § 21, effective May 23. L. 94: (3) amended, p. 824, § 54, effective April 27. L. 97: Entire section repealed, p. 1032, § 71, effective August 6.