§ 39-8-106 — Petitions for appeal

(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 the person's 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 uses an alternate protest and appeal procedure pursuant to section
39-5-122.7, on or before September 15 of that year for both real and personal
property, the person will be deemed to have filed a 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.

Legislative History

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. L. 2025: (1)(a) amended, (HB 25-1324), ch. 445, p. 2560, � 5, effective June 4.