Colorado § 39-11-122 - Transfer of certificates of purchase by counties.

§ 39-11-122. Transfer of certificates of purchase by counties.

Any county in this state having in its possession or under its control certificates of purchase resulting from the sale of a tax lien on property for the nonpayment of general taxes may assign, sell, or transfer those certificates of purchase in such manner, at such times, and on such terms as may be determined by resolution of the board of county commissioners of the county. Thereafter the county must execute and deliver the instruments as necessary to fully convey all interest of the county in or to the certificates of purchase.

Source: L. 64: R&RE, p. 730, § 1. C.R.S. 1963: § 137-11-22. L. 85: Entire section amended, p. 1239, § 15, effective July 1. L. 2026: Entire section amended, (SB 26-144), ch. 135, p. 610, § 24, effective June 1.

Editor's note: Section 55(1) of chapter 135 (SB 26-144), Session Laws of Colorado 2026, provides that the act changing this section applies to any fee imposed, assessed, or collected by a county treasurer on or after June 1, 2026.

ANNOTATION

Annotator's note. The following annotations include cases decided under former provisions similar to this section.

Constitutionality. This section does not violate the provisions of § 24 of art. V, Colo. Const., relating to amendments to laws by reference to title only. District Landowners Trust v. Adams County, 104 Colo. 146, 89 P.2d 251 (1939).

Purpose of section. To make the authority of the board of county commissioners more definite and certain, and to clarify their position with reference to tax sale certificates, the general assembly enacted this section. Bennett v. Shotwell, 118 Colo. 206, 194 P.2d 335 (1948).

Object of sale is to collect revenue. While the purpose of the law in divesting the estate of a landowner, upon sale for delinquent taxes, is to coerce the negligent and unwilling citizen to obey the law by payment of his taxes, the sole object of the state in making the sale is to collect its revenue. Knutson v. Dickson, 105 Colo. 42, 94 P.2d 691 (1939).

Recordation of assignment unnecessary. It is not necessary that the assignment of the certificates of purchase be entered upon the records of sale in the office of the county clerk in order to vest complete title thereto in the assignee. White Cap Mining Co. v. Resurrection Mining Co., 115 Colo. 396, 174 P.2d 727 (1946).

No inconsistency or repugnancy exists between this section and § 39-11-120, pertaining to the disposition of certificates held by the county when taxes thereon are tendered in full; therefore, there is no repeal by either direction or implication. Knutson v. Dickson, 105 Colo. 42, 94 P.2d 691 (1939); RTV, L.L.C. v. Grandote Int'l Ltd., 937 P.2d 768 (Colo. App. 1996).

Interplay of this section and § 39-11-120. Section 39-11-120 (4) authorizes the county treasurer to sell any tax certificate for full value without requiring any action by the county commissioners. Only if the amount to be received is less than such full amount does an order by the commissioners become necessary, in which case this section applies. RTV, L.L.C. v. Grandote Int'l Ltd., 937 P.2d 768 (Colo. App. 1996).

Board may name individual purchaser. Under this section, a resolution of a board of county commissioners authorizing the sale of a certificate to a named individual, and not to the first person offering to pay the amount fixed by the board, is valid. White Cap Mining Co. v. Resurrection Mining Co., 115 Colo. 396, 174 P.2d 727 (1946).

The board has the power to fix the price at which individual tax sale certificates of purchase held by the county may be assigned by the treasurer. Bd. of Comm'rs v. Utah-Colorado Land & Livestock Co., 101 Colo. 372, 73 P.2d 987 (1937).

Applied in McMillan v. Bd. of Comm'rs, 113 Colo. 387, 157 P.2d 146 (1945).