Colorado § 39-5-118 - Failure to receive schedule - validity of valuation.

Full text of Colorado Colorado Revised Statutes § 39-5-118 — Failure to receive schedule - validity of valuation., with citation guidance and answers to common questions.

§ 39-5-118. Failure to receive schedule - validity of valuation.

No determination of the actual value of any taxable personal property made by the assessor shall be rendered invalid by reason of his failure to secure or receive the personal property schedule required to be completed and returned to him prior to his determination of such value.

Source: L. 64: R&RE, p. 702, § 1. C.R.S. 1963: § 137-5-18.

ANNOTATION

Statute did not unconstitutionally violate taxpayers' due process rights where the statutory scheme provided a protest procedure which the taxpayers choose to forego and the taxpayers own actions, not those of any governmental entity, have allegedly deprived the taxpayers of their property. Prop. Tax Adm'r v. Prod. Geophysical, 860 P.2d 514 (Colo. 1993).

The purpose of this section is to prevent an invalidation of an assessment solely on the ground that a taxpayer has failed to return a property tax schedule or that the assessor, for any other reason, has failed to receive the schedule. Prop. Tax Adm'r v. Bd. of Assessment Appeals, 837 P.2d 244 (Colo. App. 1992).

Challenges based on overvaluation. Although taxpayers challenged the amount of taxes assessed as excessive, this was not an "overvaluation" as the term is used in § 39-10-114 because, due to the taxpayers' wrongful inaction, the assessor's BIA valuations are presumed to be valid. Therefore, for purposes of § 39-10-114, the assessor's valuation cannot be considered an overvaluation, and § 39-10-114 may not be asserted by a taxpayer to avoid the provisions of this section and the protest procedure under § 39-5-122. Prop. Tax Adm'r v. Prod. Geophysical, 860 P.2d 514 (Colo. 1993).

Source: official Colorado text · Last verified 2026-08-27

Frequently Asked Questions About Colorado § 39-5-118

What does Colorado Revised Statutes § 39-5-118 cover?

Section 39-5-118 ("Failure to receive schedule - validity of valuation.") is part of the Colorado Revised Statutes, the codified statutory law of Colorado. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Colorado § 39-5-118?

A common citation format is "Colorado Revised Statutes § 39-5-118" (Colorado). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Colorado law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Colorado official source linked on this page or consult a licensed Colorado attorney.

How does Colorado § 39-5-118 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Colorado can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Colorado.