(1) Except as otherwise provided in subsection (3) of this section, whenever it is discovered that any taxable property has been omitted from the assessment roll of any year or series of years, the assessor shall immediately determine the value of such omitted property and shall list the same on the assessment roll of the year in which the discovery was made and shall notify the treasurer of any unpaid taxes on such property for prior years.
(2) Omissions and errors in the assessment roll, when it can be ascertained therefrom what was intended, may be supplied or corrected by the assessor at any time before the tax warrant is delivered to the treasurer or by the treasurer at any time after the tax warrant has come into his hands.
(3) If taxable personal property that has been omitted from the assessment roll of any year or series of years is discovered due to a property owner or an agent of a property owner who advertises for rent furnished residential real property providing information to the assessor pursuant to section 39-5-108.5 (2), the assessor shall not notify the treasurer of any unpaid taxes on the taxable personal property for prior years and the property owner or agent shall not be liable for any such unpaid taxes for prior years.
(4) If omitted property is added by the assessor or the treasurer for a prior assessment year, then a petition for abatement or refund may be filed at any time after the taxes are levied and an amended tax bill has been generated, but before two years after January 1 of the year following the year in which the taxes are levied.
Source: L. 64: R&RE, p. 705, § 1. C.R.S. 1963: § 137-5-25. L. 2009: (1) amended and
(3) added, (HB 09-1110), ch. 162, p. 700, § 2, effective August 5. L. 2017: (4) added, (HB 17- 1049), ch. 148, p. 495, § 2, effective August 9.
Notes of Decisions
Yen, LLC v. Jefferson Cnty. Bd. of Commissioners, 2021 COA 107 (Colo. Ct. App. 2021).
· cites it 35× “Therefore, even 9 assuming that section 39-5-125(2) permits assessors to send corrected NOVs to remedy an error in the assessment roll,2 the county had no authority to issue the corrected NOV under that section in this case.”
Bachelor Gulch Operating Co. v. Bd. of Cnty. Commissioners, 316 P.3d 43 (Colo. Ct. App. 2013).
· cites it 14× “121 Moreover, section 39-5-125, entitled "Omission-correction of errors," provides, as pertinent here: [Whenever it is discovered that any taxable property has been omitted from the assessment roll of any year or series of years, the assessor shall immediately determine the…”
Gilpin Cnty. Bd. of Equalization v. Russell, 941 P.2d 257 (Colo. 1997).
· cites it 4× “The BAA, or district court, is precluded from imposing a valuation on the property in excess of that set by the BOE: “The valuation shall not be adjusted to a value higher than the valuation set by the county board of equalization pursuant to section 39-8-107, except as…”
Cabot Petroleum Corp. v. Yuma Cnty. Bd. of Equalization, 847 P.2d 152 (Colo. Ct. App. 1993).
· cites it 9× “The BAA upheld the assessor’s authority to make the retroactive property tax assessments in this case based on the “omitted property” statute, § 39-5-125, C.R.S. (1982 Repl.Vol. 16B). Section 39-5-125 provides that: (1) Whenever it is discovered that any taxable property has…”
Yuma Cnty. Bd. of Equalization v. Cabot Petroleum Corp., 856 P.2d 844 (Colo. 1993).
· cites it 5× “After a hearing, the BOAA concluded that the Yuma County Board of Commissioners had the authority to retroactively impose ad valorem taxes upon Cabot for the years in question, pursuant to section 39-5-125, 16B C.R.S. (1982), and to Chew v.”
In Stitches, Inc. v. Denver Cnty. Bd. of Cnty. Commissioners, 62 P.3d 1080 (Colo. Ct. App. 2002).
· cites it 6× “Under § 39-5-125(1), C.R.S.2002, upon discovery that “any taxable property has been omitted from the assessment roll,” the assessor is required to determine “the value of such omitted property,” to notify the treasurer of any unpaid taxes “on such property” for prior years, and…”
Modular Communities, Inc. v. McKnight, 550 P.2d 866 (Colo. 1976).
· cites it 3× “…1 Now section 39-5-121, C.R.S. 1973. 2 Now section 39-10-114, C.R.S. 1973, 3 Now section 39-5-122, C.R.S. 1973. 4 Now section 39-5-125, C.R.S. 1973.”
24, Inc. v. Bd. of Equalization of Arapahoe Cnty., 800 P.2d 1366 (Colo. Ct. App. 1990).
· cites it 4× “CORRECTION OP CLERICAL ERRORS OR OMISSIONS Section 39-5-125, C.R.S. (1982 Repl.Vol. 16B) provides: “(1) Whenever it is discovered that any taxable property has been omitted from the assessment roll of any year or series of years, the assessor shall immediately determine the…”
Chew v. Bd. of Assessment Appeals, 673 P.2d 1028 (Colo. Ct. App. 1983).
· cites it 3× “Section 39-5-125(1), C.R.S.1973, reads in pertinent part: “Whenever it is discovered that any taxable property has been omitted from the assessment roll of any year or series of years, the assessor shall immediately determine the value of such omitted property and shall list the…”
— Colo. Rev. Stat. § 39-5-125(1) — 9 cases
Bachelor Gulch Operating Co. v. Bd. of Cnty. Commissioners, 316 P.3d 43 (Colo. Ct. App. 2013).
“121 Moreover, section 39-5-125, entitled "Omission-correction of errors," provides, as pertinent here: [Whenever it is discovered that any taxable property has been omitted from the assessment roll of any year or series of years, the assessor shall immediately determine the…”
In Stitches, Inc. v. Denver Cnty. Bd. of Cnty. Commissioners, 62 P.3d 1080 (Colo. Ct. App. 2002).
“Under § 39-5-125(1), C.R.S.2002, upon discovery that “any taxable property has been omitted from the assessment roll,” the assessor is required to determine “the value of such omitted property,” to notify the treasurer of any unpaid taxes “on such property” for prior years, and…”
— Colo. Rev. Stat. § 39-5-125(2) — 7 cases
Yen, LLC v. Jefferson Cnty. Bd. of Commissioners, 2021 COA 107 (Colo. Ct. App. 2021).
“Therefore, even 9 assuming that section 39-5-125(2) permits assessors to send corrected NOVs to remedy an error in the assessment roll,2 the county had no authority to issue the corrected NOV under that section in this case.”
Cabot Petroleum Corp. v. Yuma Cnty. Bd. of Equalization, 847 P.2d 152 (Colo. Ct. App. 1993).
“The BAA upheld the assessor’s authority to make the retroactive property tax assessments in this case based on the “omitted property” statute, § 39-5-125, C.R.S. (1982 Repl.Vol. 16B). Section 39-5-125 provides that: (1) Whenever it is discovered that any taxable property has…”
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