§ 39-11-143 — Appraisal - county may retain, lease, or sell - definitions

Colorado § 39-11-143

• Jurisdiction: Colorado
• Title 39: Taxation
• Art.: Sale of Tax Liens

Text

(1)
Whenever real property is conveyed by a treasurer to the county by tax deed under
section 39-11-142, the assessor shall annually value the same in the manner
prescribed by law for taxable property and shall notify the board of county
commissioners of such valuation.

(2) The board of county commissioners has the power to retain for public
projects, rent, lease, or sell such real property as provided in this section.

(2.5) If the board of county commissioners retains such real property for a
present or future public project, as defined in section 30-20-301 (2), C.R.S., it shall
pass a resolution describing the project for which the property is retained. The
board of county commissioners may rent or lease any lot or parcel retained for a
present or future public project in accordance with subsection (3) of this section.
For purposes of this section, using property to generate revenue for the county is
not a public project.

(3) The board of county commissioners may lease such real property to an
affiliated entity, but no lease shall be for a period exceeding five years. For
purposes of this subsection (3), affiliated entity means a nonprofit entity with
which the county enters into a contract for the delivery of goods or services to the
county or to third parties on behalf of the county.

(4) (a) Any such real property that is not retained or leased in accordance
with subsection (2.5) or (3) of this section shall be sold at public sale by the board
of county commissioners within one year after the property is conveyed to the
county; except that the board of county commissioners may reject any bid that is
less than the value of the property as determined by the assessor. Prior to offering
such property for sale, the board of county commissioners shall obtain from the
assessor a certificate as to the current actual value and the valuation for
assessment of the same. A notice of such sale shall be posted in a public place in
the county courthouse at least thirty days before the date of sale, and such notice
of sale shall also be advertised in two issues of a newspaper of general circulation
in the county in which the property is situated, said newspaper notices to appear
one week apart and within the thirty days as above provided. Such notice shall
reserve the right upon the part of the board of county commissioners to reject any
bid that is less than the value determined by the assessor. Said notice shall be
substantially in the following form:

NOTICE

Public notice is hereby given that the following real property acquired by the
County of .............., Colorado, by tax deed, to wit:

(description of property)

will, according to law, be offered at public sale at the county courthouse, ..............,
Colorado, on the .............. day of .............., 20...., at the hour of .... to the highest and
best bidder. The board of county commissioners reserves the right to reject any bid
that is less than the current actual value fixed by the county assessor.

..............................................

County Clerk and Recorder.

(a.5) The notice of sale posted pursuant to paragraph (a) of this subsection
(4) shall contain a statement substantially in the following form: If this property is
at least fifty years old, it may be eligible for inclusion in the state register of historic
properties or designation as a landmark. Such property may be eligible for certain
rehabilitation grants and incentives.

(b) Such real property shall be sold at public sale for the highest and best
bid for any lots or parcels, as determined in the discretion of the board of county
commissioners; except that the board of county commissioners may reject any bid
that is less than the value of the property as determined by the assessor. Such real
property may be sold in such lots or parcels and upon such terms of payment as the
board of county commissioners deems acceptable, but no deed shall be issued until
the purchaser has made payment in full. Upon written application of any person, the
board of county commissioners shall offer for sale the property requested by such
person to be sold; except that no parcel shall be divided for the purpose of such
requested sale unless the board of county commissioners specifically permits such
division. The board of county commissioners may, prior to the sale of any lot or
parcel, reserve or grant streets, alleys, or roads or utilities or other easements,
public or private, under such terms and conditions as it may deem advisable.

(5) Such deeds shall be issued by a commissioner to convey, duly appointed
by the board of county commissioners, which commissioner shall act upon the
direction of the board of county commissioners, but such deed shall be issued
without covenants of warranty.

(6) The foregoing provisions of this section shall not apply to any city and
county having a population of more than three hundred thousand. Sales and leases
by such city and county shall be made in compliance with the applicable provisions
of its charter or ordinances. All sales and leases made before August 1, 1964, by
such city and county of any real estate acquired by it under tax deeds, whether
made or authorized by the board of county commissioners, the mayor of said city
and county, or in purported compliance with its charter or ordinances, are deemed
valid, and such sales and leases are hereby confirmed. All actions or proceedings to
set aside or question the validity of such sales or leases made before August 1,
1964, by such city and county shall be brought within six months from said date and
not thereafter. This subsection (6) shall not reinstate any such action or proceeding
barred by law before August 1, 1964.

Legislative History

Source: L. 64: R&RE, p. 739, � 1. C.R.S. 1963: � 137-11-42. L. 2004: (1), (2), (3), and (4) amended and (2.5) added, p. 159, � 2, effective August 4.