39-5-121. Notice of Valuation - Legislative Declaration (1) (a) (I): no later than May 1 in each year, the assessor shall mail to each person who owns land or improvements a notice setting forth the valuation of such land or improvements.
Most property in Colorado is revalued every odd-numbered year, § 39-1-104(10.2)(a), C.R.S.
Your property was valued as it existed on January 1 of the current year. The value of the residential property is based on the market approach to value. Generally, the value of all other property is based on consideration of the market, cost, and income approaches to value. The appraisal data used to establish value is from the 18-month period ending June 30, 2020, § 39-1-104(10.2)(a), C.R.S. If insufficient data existed during the 18-month data-gathering period, data from each preceding six-month period (up to a period of five years preceding June 30, 2020) may be utilized, § 39-1-104(10.2)(d), Colorado Revised Statutes (C.R.S).
"Improvements" are defined as all structures, buildings, fixtures, fences, and water rights erected upon or affixed to land, whether or not title to such land has been acquired. Most property in Colorado is revalued every odd-numbered year, § 39-1-104(10.2)(a), C.R.S.
Interactive Sales Map
To Appeal or Not to Appeal: That is the Question
If you have found a discrepancy in the Assessor's records, please let our office know. Correct and complete assessment records are the first step in assuring that the value placed on your property is correct. While an informal review is not necessary to appeal your property value, it can be beneficial in avoiding an appeal.
Should you wish to speak directly with a member of the Assessor's appraisal staff regarding your value, please feel free to phone our office at 303-621-3101. Please keep in mind that this office experiences heavy call volume during the appeals process. This can result in longer wait times so we appreciate your patience. I can assure you that we will make every attempt to answer all calls timely, each call we receive is given as much time as necessary to answer all questions.
Purpose of Informal Review
The purpose of an informal review should be:
- to verify the information on your property record
- to ensure your understanding how your value was estimated
- to discover whether you qualify for any exemptions, and
- to be sure you understand how to file an appeal
The staff member conducting the meeting will review your property characteristics with you and give you information about comparable properties. We encourage you to present any information you have gathered.
A commitment to a change in value or classification may not be made at this time, even though you may have uncovered an error. It is possible that a staff appraiser needs to visit your property to determine whether discrepancies or changes to the property warrant a value or classification change. It is also possible that a decision regarding a change may require further research, or documentation may be requested (photos, formal appraisals, etc.)
Notice of Valuation
After reviewing your inventory, comparing like-properties and reviewing sales, you still feel that your property value is incorrect, an appeal may be in order. Should you choose to appeal in writing, the back of your Notice of Valuation (NOV) is the official Appeal Form. Please be as clear as possible in stating the reasons you feel your property value or classification is incorrect.
All supporting documentation must be surrendered at the time you file your appeal!
Real Property Appeal Procedures
Appeal period: May 1 through June 1.
If you wish to appeal in writing, please include your estimate of property value as of June 30, 2020, and any additional documentation that you believe supports a change in the classification and/or valuation of your property. Written protests must be postmarked no later than June 1 and should be addressed to Elbert County Assessor's Office, PO Box 26, Kiowa, CO 80117.
§ 39-5-122(2), C.R.S.: you may be required to prove that you mailed your protest on or before the June 1 deadline; therefore, we recommend that you retain proof of mailing.
If you wish to appeal in person, present to the Assessor's office your estimate of property value as of June 30, 2020, and a copy of any documentation that you believe supports a change in the classification and/or valuation of your property. You must appear in the office of the County Assessor no later than June 1, § 39-5-122(2), C.R.S.
If you wish to appeal online, please follow the "Appeal Online Process" application form and include your supporting documentation and your estimate of value as of June 30, 2020
To preserve your appeal rights, your protest must be either postmarked or received by the Assessor no later than June 1; after such date, your right to protest is lost.
You can email your appeal to firstname.lastname@example.org. Please fill out the Appeal Form and be sure to include your name, property address or location, account number or parcel number, phone number, and the reason you are appealing your value.
After Your Appeal Has Been Received
There is no presumption in favor of the Assessor's value being correct, therefore, the Assessor and taxpayer are on an equal playing field. (1992 Tabor 8c)
The Assessor will review your appeal, research comparable properties, make a decision as to whether your property value is correct, and mail a Notice of Determination (NOD) to you by the last regular working day in June. If you are content with the value listed on the NOD, the appeal process ends here.
Assessor's Determination - Appealed Property Valuation
Notice of Determinations will be mailed no later than the last working day in June.
If you not satisfied with the Assessor's determination, or if you do not receive a Notice of Determination, you must submit a written appeal to the County Board of Equalization (CBOE) on or before July 15 if you wish to continue your appeal, § 39-8-106(1)(a) and (3), C.R.S.
To appeal the Assessor's decision, complete the reverse side of your Notice of Determination and deliver via mail or in person to the County Board of Equalization 440 Comanche Street, P.O. Box 37, Kiowa, CO 80117. This information is also included on the reverse side of your NOD.
Your petition to the County Board of Equalization must be postmarked or delivered on or before July 15 for real property and on or before July 20 for personal property.
The CBOE will then render a decision no later than August 5. If you are now satisfied, the process ends there. (Note: supporting documentation must be submitted at each level of appeal.)
The owner of record is the only person recognized by law to have "standing" to file an appeal. Any appeal filed by an individual other than the legal owner or authorized agent may be denied by lack of standing. A letter of agency (written authorization) is required from any filers that are not the legal owner of record but are filing an appeal on behalf of the legal owner. A "Letter of Agent Authorization" is available, please click Assessor Forms.
County Board of Equalization
The CBOE must conclude appeal hearings for real and personal property and render decisions no later than August 5. CBOE decisions must be mailed within 5 business days after the decision was rendered. No later than 30 days after the CBOE decisions are mailed, appeals from the CBOE decisions must be filed with BAA, District Court, or BOCC for Binding Arbitration.
Effective April 7, 2021, House Bill 21-1083 changed existing law to allow a District Court, the Board of Assessment Appeals, or Binding Arbitration to increase the value of a property upon appeal. Please be advised that when you appeal to this third level appeal process that there is potential that the value appealed could increase.
- You may appeal to the Board of Assessment Appeals (BAA)
- You may go to Elbert County District Court, Property Tax Appeal District Court Self Help Forms or
- You may go to Binding Arbitration
If you are satisfied with the decision rendered by either the BAA or District Court, the process ends there. If however, you are not satisfied with the decision made by either the BAA or District Court, you may continue on to the Court of Appeals and beyond that, to the Supreme Court. Decisions reached through Arbitration are final and not subject to review.