Colorado § 39-1-106 - Partial interests not subject to separate tax.
Full text of Colorado Colorado Revised Statutes § 39-1-106 — Partial interests not subject to separate tax., with citation guidance and answers to common questions.
§ 39-1-106. Partial interests not subject to separate tax.
For purposes of property taxation, it shall make no difference that the use, possession, or ownership of any taxable property is qualified, limited, not the subject of alienation, or the subject of levy or distraint separately from the particular tax derivable therefrom. Severed mineral interests shall also be taxed.
Source: L. 64: R&RE, p. 677, § 1. C.R.S. 1963: § 137-1-6. L. 73: p. 1430, § 2. L. 96: Entire section amended, p. 1850, § 2, effective June 5. L. 2002: Entire section amended, p. 1008, § 2, effective August 7.
ANNOTATION
This section establishes a unity rule for the assessment of property rather than requiring assessment of the various interests in the property. Bd. of Assess. Appeals v. City & County of Denver, 829 P.2d 1319 (Colo. App. 1991), aff'd, 848 P.2d 355 (Colo. 1993).
The unit assessment rule established in this section has no application in the absence of multiple taxpayers with interests in a single property. Rare Air Ltd. v. Prop. Tax Adm'r, 2019 COA 134, 459 P.3d 547.
Taxation of development rights does not violate the unit assessment rule. Because the assignment of the development rights created separate interests in real estate as between the interests of the individual unit owners, on the one hand, and those of the owners of the development rights, on the other hand, separate taxation of those interests does not violate the unit assessment rule. Vill. at Treehouse v. Prop. Tax Adm'r, 2014 COA 6, 321 P.3d 624.
Section does not apply to golf club membership that created a license and not an interest in land. Roaring Fork Club v. Pitkin Bd. of Equaliz., 2013 COA 167, 342 P.3d 467.
Source: official Colorado text · Last verified 2026-08-27
Frequently Asked Questions About Colorado § 39-1-106
What does Colorado Revised Statutes § 39-1-106 cover?
Section 39-1-106 ("Partial interests not subject to separate tax.") 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 § 39-1-106?
A common citation format is "Colorado Revised Statutes § 39-1-106" (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 § 39-1-106 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.