The general assembly declares that its purpose in
enacting articles 1 to 13 of this title is to exercise the authority granted in section 3 of article X
of the state constitution wherein it is provided, among other things, that "the actual value of all
real and personal property not exempt from taxation under this article shall be determined under
general laws, which shall prescribe such methods and regulations as shall secure just and
equalized valuations for assessment of all real and personal property not exempt from taxation
under this article". It further declares that it intends to fix the percentage of such determined
actual value at which all such property shall be assessed for taxation. It further declares that the
actual value of certain classes of real property may not be able to be determined after appropriate
consideration of the three approaches to value; therefore, it is incumbent upon the general
assembly to provide for a means to determine the actual value of such taxable property, and, to
effect this result, the general assembly hereby finds and declares that, when appropriate
consideration of the three approaches to value fails to derive an actual value for such property,
the actual value of such property shall be determined by comparison of the surface use of such
property to property with a similar surface use. It further declares that the actual value of
nonproducing oil, gas, and oil and gas mineral interests shall be determined by the income
approach capitalizing annual net rental income at an appropriate market rate. To these ends, the
provisions of said articles shall be strictly construed.
Source: L. 64: R&RE, p. 675, § 1. C.R.S. 1963: § 137-1-2. L. 83: Entire section
amended, p. 1480, § 1, effective April 22. L. 85: Entire section amended, p. 1209, § 1, effective
May 9.
Notes of Decisions
Bd. of Assessment Appeals of State v. E.E. Sonnenberg & Sons, Inc., 797 P.2d 27 (Colo. 1990).
· cites it 2× “1, § 39-1-101, 1983 Colo. Sess.Laws 1480. Even if the taxpayer were correct that the issue of just and equalized valuations among counties in determining the actual value of property for tax assessment purposes is cognizable by the Board in an appeal from an assessor’s…”
Mission Viejo Co. v. Douglas Cnty. Bd. of Equalization, 881 P.2d 462 (Colo. Ct. App. 1994).
· cites it 2× “X, § 3 and § 39-1-101, C.R.S. (1993 Cum.Supp.) It asserts that model homes in Douglas County are classified as residential, even though they are actually used for the commercial purpose of selling other homes and that therefore it would be inconsistent not to classify the…”
Bd. of Assessment Appeals v. Colorado Arlberg Club, 762 P.2d 146 (Colo. 1988).
· cites it 2× “See § 39-1-101, 16B C.R.S. (1982). In my opinion, the more prudent assessment method would be to assess the vacant land only as vacant land at least until the time that the use of the land is known, or can be determined with a reasonable degree of certainty.”
Senior Corp. v. Bd. of Assessment Appeals, 702 P.2d 732 (Colo. 1985).
· cites it 7× “Senior reaches this conclusion on the basis of the following statement of purpose contained in section 39-1-101, 16B C.R.S. (1982): “The general assembly declares that its purpose in enacting articles 1 to 13 of this title is to exercise the authority granted in section 3 of…”
Bd. of Cnty. Commissioners v. Vail Assocs., Inc., 19 P.3d 1263 (Colo. 2001).
“See § 39-1-101, 11 CRS. (2000) (quoting Article X, section 3 for the proposition that "the actual value of all real and personal property not exempt from taxation under this article shall be determined under general laws, which shall prescribe such methods and regulations as…”
Yuma Cnty. Bd. of Equalization v. Cabot Petroleum Corp., 856 P.2d 844 (Colo. 1993).
· cites it 2× “In section 39 — 1— 101, the General Assembly has declared that “it intends to prescribe methods by which the actual value of all taxable property in the state shall be determined, and to fix the percentage of such determined actual value at which all such property shall be…”
Qwest Corp. v. Colorado Div. of Prop. Taxation, 310 P.3d 113 (Colo. Ct. App. 2011).
· cites it 2× “If we 'conclude "that the statute is unambiguous and the intent appears with reasonable certainty, our analysis is complete.". Gerganoff, 241 P.”
Douglas Cnty. Bd. of Equalization v. Fid. Castle Pines, Ltd., 890 P.2d 119 (Colo. 1995).
“§ 39-1-101, 16B C.R.S. (1994). A specific provision for determining the actual value of vacant land 5 was first enacted in 1988 in order to address an apparent wide disparity in appraisal methods utilized by assessing offices throughout the state.”
City & Cnty. of Denver v. Bd. of Assessment Appeals, 848 P.2d 355 (Colo. 1993).
“Justice LOHR concurring in part and dissenting in part: I concur that provisions of article 1 of Colorado’s General Property Tax Act, §§ 39-1-101 to -121, 16B C.R.S. (1982 and 1992 Supp.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.