Colorado Revised Statutes

Colo. Rev. Stat. § 39-8-106 (2026)

Petitions for appeal

✓ current as of July 2026

Find cases: SyfertCases citing this section CO-LEGleg.colorado.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar

(1) The county board of equalization shall receive and hear petitions from any person whose objections or protests have been refused or denied by the assessor. A petition must be in a form approved by the property tax administrator pursuant to section 39-2-109 (1)(d), the contents of which must include the following:

(a) A statement informing the person of his or her right to appeal, the time and place at which the county board of equalization will hear appeals from determinations of the assessor, and that, by mailing or delivering one copy of the form to the county board of equalization that is received or postmarked on or before July 15 of that year for real property and July 20 of that year for personal property or, if a county has made an election pursuant to section 39-5-122.7 (1), on or before September 15 of that year for both real and personal property, the person will be deemed to have filed his or her petition for hearing with the county board of equalization. The date the form is received by the county board of equalization shall be stamped on the form. All forms shall be presumed to be on time unless the county board of equalization can present evidence to show otherwise.

(b) A requirement that the assessor's office set forth the following information on the face of the form:

(I) A description of the property claimed to be excessively, erroneously, or illegally valued;

(II) The actual value placed upon it by the assessor;

(III) A specific and detailed statement of the grounds delineated in this subparagraph (III), upon which the assessor relied to justify such valuation. The grounds are appropriate consideration of the approaches to appraisal set forth in section 39-1-103 (5)(a) and classification of the property. For agricultural lands, the grounds are: Earning or productive capacity; classification; and capitalization rate.

(IV) The assessor's written statement refusing to change such valuation; and

(V) The actual value placed upon it by the person whose objection and protest has been denied.

(c) Space for the person whose objection and protest has been denied to state the grounds on which he relied and to indicate the manner, if any, in which he disagrees with the assessor's statement of the information described in paragraph (b) of this subsection (1).

(1.5) In addition to any other requirements set forth in subsection (1) of this section, any petition for appeal relating to real property shall contain the actual value of such real property, stated in terms of a specific dollar amount, which is being offered as the correct valuation. Nothing in this subsection (1.5) shall be construed to exempt paid representatives of taxpayers from the requirements of part 6 of article 10 of title 12, if applicable.

(1.7) Any person who objects to the application of the term "integral to an agricultural operation" to their property in accordance with section 39-1-102 (1.6)(a)(I) and (14.4) and whose objections or protests have been denied by the assessor may submit a petition for appeal to the county board of equalization to the same extent as any other protest or objection for which an appeal to the board is provided under law and shall satisfy all requirements for the prosecution of such appeal as provided by law.

(2) (a) Upon receiving a petition in the form described in subsection (1) of this section, the county board of equalization or its authorized agent shall note the filing of the petition, set a time for hearing of said petition, and, except as provided in paragraph (b) of this subsection (2), notify the petitioner by mail of such time for hearing.

(b) A board of county commissioners may authorize by resolution a petitioner or a petitioner's agent to elect to receive the notice required in paragraph (a) of this subsection (2) by fax or electronic mail at a phone number or electronic mail address supplied by the petitioner or the petitioner's agent. If no election is made by the petitioner or the petitioner's agent, the county board of equalization shall mail the required notice.

(3) If the assessor fails or refuses to comply with the provisions of section 39-5-122, this section, or both, relating to said form, the objecting person shall not be deprived of his right of appeal to the county board of equalization. The objecting person may present his objections and protests in person or by counsel, orally or by letter or other informal writing, on any day during the meeting of the county board of equalization held for the purpose of hearing appeals. The said failure or refusal of the assessor shall not, in any manner, deprive the objecting person of his right to a full, fair, and complete hearing of his objections and protests by the county board of equalization.

Source: L. 64: R&RE, p. 713, § 1. C.R.S. 1963: § 137-8-4. L. 73: p. 1441, § 2. L. 75:

(1)(b)(III) amended, p. 1455, § 2, effective July 30. L. 76: (1)(a) and (1)(b)(III) amended, p. 763, §§ 26, 27, effective January 1, 1977. L. 81: (1)(a) amended, p. 1834, § 12, effective June 12. L. 83: (1)(b)(III) amended, p. 2087, § 4, effective October 13. L. 88: (1)(a) amended, p. 1301, § 9, effective April 29. L. 89: (1)(a) amended, p. 1458, § 15, effective June 7. L. 90: (1)(a), (1)(b)(II), and (1)(b)(V) amended, p. 1694, § 12, effective January 1, 1991. L. 92: (1)(a) amended and (1.5) added, p. 2210, § 7, effective June 3. L. 98: IP(1) and (1)(a) amended, p. 469, § 5, effective July 1. L. 2005: IP(1) and (1)(a) amended, p. 391, § 3, effective April 27. L. 2011:

(1.7) added, (HB 11-1146), ch. 166, p. 573, § 3, effective January 1, 2012. L. 2013: IP(1) amended, (HB 13-1113), ch. 11, p. 31, § 5, effective March 8. L. 2016: (2) amended, (SB 16- 172), ch. 280, p. 1148, § 2, effective June 10. L. 2019: (1.5) amended, (HB 19-1172), ch. 136, p. 1728, § 252, effective October 1. L. 2020: IP(1) amended, (SB 20-136), ch. 70, p. 293, § 36, effective September 14.

Cross references: For the legislative declaration in SB 20-136, see section 1 of chapter 70, Session Laws of Colorado 2020.

Notes of Decisions

Cited in 24 cases (6 in the last 5 years), 1974–2026 · leading case: Gilpin Cnty. Bd. of Equalization v. Russell, 941 P.2d 257 (Colo. 1997).

Sort: Relevance Newest Treatment

Gilpin Cnty. Bd. of Equalization v. Russell, 941 P.2d 257 (Colo. 1997). · cites it 4× “After tax assessor review and partial adjustment of several schedules, Russell appealed to the BOE pursuant to section 39-8-106, 16B C.R.S. (1994). 2 The valuations under appeal included several mining claims, two residential properties used for storage, four commercial…”

Bd. of Assessment Appeals v. Sampson, 105 P.3d 198 (Colo. 2005). · cites it 2× “§ 39-8-106, C.R.S. (2004). The BOE hears and considers all testimony and exhibits produced by the parties “with no presumption in favor of any pending valuation.”

Bd. of Assessment Appeals v. Benbrook, 735 P.2d 860 (Colo. 1987). · cites it 3× “A taxpayer whose protest has been denied by the assessor may appeal by petition to the county board of equalization under section 39-8-106, 16B C.R.S. (1982). If the county board of equalization grants the petition, the assessor is required to adjust the valuation for assessment…”

CO2 Comm. v. Montezuma Cnty., 2021 COA 36 (Colo. Ct. App. 2021). · cites it 4× “¶ 17 CO2 then appealed to the board of equalization pursuant to section 39-8-106, C.R.S. 2020, and filed a petition for abatement with the board of county commissioners pursuant to section 39-10- 114, C.”

Carrara Place, Ltd. v. Arapahoe Cnty. Bd. of Equalization, 761 P.2d 197 (Colo. 1988). · cites it 2× “[1] § 39-8-106(1), 16B C.R.S. (1982 & 1987 Supp.”

Prop. Tax Adm'r v. Prod. Geophysical Servs., Inc., 860 P.2d 514 (Colo. 1993). · cites it 2× “If the assessor finds any valuation to be erroneous or otherwise improper, he shall correct such error, but, if he declines to change any valuation which he has determined, he shall state his reasons in writing on the form described in section 39-8-106, shall *517 insert the…”

Colorado Prop. Tax Adm'r v. CO 2, 2023 CO 8 (Colo. 2023). · cites it 2× “CO2 next appealed to the County Board of Equalization pursuant to sections 39-8-106, C.R.S. (2022), and 39-1-113, C.”

Xerox Corp. v. Bd. of Cnty. Commissioners, 87 P.3d 189 (Colo. Ct. App. 2003). · cites it 2× “2002, plaintiff objected to the assessors' methodology, and after the assessors denied plaintiff's requested relief, plaintiff appealed to the appropriate boards of equalization (BOEs), pursuant to § 39-8-106(1), C.R.S.2002. After conducting hearings, the BOEs issued resolutions…”

Tenney v. Bd. of Assessment Appeals, 856 P.2d 89 (Colo. Ct. App. 1993). · cites it 3× “” Section 39-8-106, C.R.S. (1982 Repl.Vol. 16B).”

Hoffman v. Colorado State Bd. of Assessment Appeals, 683 P.2d 783 (Colo. 1984). · cites it 4× “Section 39-8-106(1), 16B C.R:S. (1982). 7 If this petition is denied, the taxpayer may appeal to the board of assessment appeals.”

Gates Rubber Co. v. State Bd. of Equalization, 770 P.2d 1189 (Colo. 1989). “They then appealed to their respective county boards of equalization pursuant to § 39-5-122(3) and § 39-8-106(1). The county boards of equalization also denied their protests.”

Benbrook v. Bd. of Assessment Appeals, 695 P.2d 801 (Colo. Ct. App. 1985). · cites it 3× “However, the decision of the board of county commissioners was reversed by the property tax administrator, who concluded that plaintiffs were required to follow the “protest and adjustment” procedures provided for by § 39-5-122 and §§ 39-8-106 through 39-8-109, C.R.S.,. (1982…”

Show all 24 citing cases →

— Colo. Rev. Stat. § 39-8-106(1) — 9 cases

Carrara Place, Ltd. v. Arapahoe Cnty. Bd. of Equalization, 761 P.2d 197 (Colo. 1988). “[1] § 39-8-106(1), 16B C.R.S. (1982 & 1987 Supp.”

Gilpin Cnty. Bd. of Equalization v. Russell, 941 P.2d 257 (Colo. 1997). “After tax assessor review and partial adjustment of several schedules, Russell appealed to the BOE pursuant to section 39-8-106, 16B C.R.S. (1994). 2 The valuations under appeal included several mining claims, two residential properties used for storage, four commercial…”

Xerox Corp. v. Bd. of Cnty. Commissioners, 87 P.3d 189 (Colo. Ct. App. 2003). “2002, plaintiff objected to the assessors' methodology, and after the assessors denied plaintiff's requested relief, plaintiff appealed to the appropriate boards of equalization (BOEs), pursuant to § 39-8-106(1), C.R.S.2002. After conducting hearings, the BOEs issued resolutions…”

Hoffman v. Colorado State Bd. of Assessment Appeals, 683 P.2d 783 (Colo. 1984). “Section 39-8-106(1), 16B C.R:S. (1982). 7 If this petition is denied, the taxpayer may appeal to the board of assessment appeals.”

— Colo. Rev. Stat. § 39-8-106(2) — 1 case

— Colo. Rev. Stat. § 39-8-106(3) — 1 case

People v. Lyles, 526 P.2d 1332 (Colo. 1974).

— Colo. Rev. Stat. § 39-8-106(l)(a) — 1 case

Bd. of Assessment Appeals v. Benbrook, 735 P.2d 860 (Colo. 1987). “A taxpayer whose protest has been denied by the assessor may appeal by petition to the county board of equalization under section 39-8-106, 16B C.R.S. (1982). If the county board of equalization grants the petition, the assessor is required to adjust the valuation for assessment…”

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.