duty of diligent inquiry in Colorado

2017Parkison v. Burley , 667 P.2d 780 , 782 (Colo. App. 1983) (citation omitted). ¶ 22 The supreme court in Klingsheim , ¶ 2, recognized that the duty of diligent inquiry arises before the notice is sent and applies to a treasurer's initial diligence in inquiring as to all interested parties and their correct addresses.

2017See Parkison , 667 P.2d at 782 ; Siler v. Inv.

2016For example, in Schmidt v. Langel, 874 P.2d 447, 451 (Colo. App. 1993), the division stated that “should the notice be returned as undeliverable, [the treasurer] is required to re-examine the county records for any alternative addresses.” Similarly, in Parkison v. Burley, 667 P.2d 780, 782 (Colo. App. 1983), the division concluded that after the notices were returned to the treasurer as undeliverable, “diligent inquiry required, at a minimum, a simple examination or reexamination of the assessor’s records.” ¶19 This court, however, has not previously addressed whether and under what circumstan

2014In discussing the duty of diligent inquiry (and holding that the treasurer had met that duty), the division held that "if a diligent search of the county records would uncover *639 no alternative address, neither constitutional due process concerns nor statutory requirements compel the county treasurer to follow up on information which she has no reason to believe would result in the discovery of a correct address." Id. at 452 .

2016See Columbus Invs, v. Lewis, 48 P.3d 1222 , 1224 n. 3 (Colo.2002) (noting that although the taxpayers asserted that. they had not received actual notice of the pending issuance of a tax deed, the treasurer had met the section 89-11-128 diligent 1nqu11y requirements). 1122 Recognizing the above—descmbed balance between the need to give notice to a taxpayer and the prietical limitations on what a treasurer can reasonably do to ensure proper notice, cases from this court and. divisions of the court of appeals have required a treasurer to undertake a diligent inquiry after an initial notice has be

2016See Columbus Invs. v. Lewis, 48 P.3d 1222 , 1224 n.3 (Colo. 2002) (noting that although the taxpayers asserted that they had not received actual notice of the pending issuance of a tax deed, the treasurer had met the section 39-11-128 diligent inquiry requirements). ¶22 Recognizing the above-described balance between the need to give notice to a taxpayer and the practical limitations on what a treasurer can reasonably do to ensure proper notice, cases from this court and divisions of the court of appeals have required a treasurer to undertake a diligent inquiry after an initial notice has been

2016See Columbus Invs, v. Lewis, 48 P.3d 1222 , 1224 n. 3 (Colo.2002) (noting that although the taxpayers asserted that. they had not received actual notice of the pending issuance of a tax deed, the treasurer had met the section 89-11-128 diligent 1nqu11y requirements). 1122 Recognizing the above—descmbed balance between the need to give notice to a taxpayer and the prietical limitations on what a treasurer can reasonably do to ensure proper notice, cases from this court and. divisions of the court of appeals have required a treasurer to undertake a diligent inquiry after an initial notice has be

2016See Columbus Invs. v. Lewis, 48 P.3d 1222 , 1224 n.3 (Colo. 2002) (noting that although the taxpayers asserted that they had not received actual notice of the pending issuance of a tax deed, the treasurer had met the section 39-11-128 diligent inquiry requirements). ¶22 Recognizing the above-described balance between the need to give notice to a taxpayer and the practical limitations on what a treasurer can reasonably do to ensure proper notice, cases from this court and divisions of the court of appeals have required a treasurer to undertake a diligent inquiry after an initial notice has been

2016Co. v. Brunton, 165 Colo. 28 , 487 P.2d 59 , 61 (1968). ' 18 In addition to this initial duty of diligent inquiry, divisions of our court of appeals have recognized that the treasurer may have a duty to maké further diligent inquiry after the notice has been sent.

2016Co. v. Brunton, 437 P.2d 59, 61 (Colo. 1968). ¶18 In addition to this initial duty of diligent inquiry, divisions of our court of appeals have recognized that the treasurer may have a duty to make further diligent inquiry after the notice has been sent.