Colorado § 39-11-143 - Appraisal - county may retain, lease, or sell - definitions.

§ 39-11-143. Appraisal - county may retain, lease, or sell - definitions.

(1) Whenever property is conveyed by a treasurer to the county by treasurer's deed under article 11.5 of this title 39, the assessor shall annually value the same in the manner prescribed by law for taxable property and shall notify the board of county commissioners of such valuation.

(2) The board of county commissioners has the power to retain for public projects, rent, lease, or sell property as provided in this section.

(2.5) If the board of county commissioners retains property for a present or future public project, as defined in section 30-20-301 (2), it shall pass a resolution describing the project for which the property is retained. The board of county commissioners may rent or lease any property retained for a present or future public project in accordance with subsection (3) of this section. For purposes of this section, using property to generate revenue for the county is not a public project.

(3) The board of county commissioners may lease such property to an affiliated entity, but no lease shall be for a period exceeding five years. For purposes of this subsection (3), "affiliated entity" means a nonprofit entity with which the county enters into a contract for the delivery of goods or services to the county or to third parties on behalf of the county.

(4) (a) Any property that is not retained or leased in accordance with subsection (2.5) or (3) of this section must be sold at public sale by the board of county commissioners within one year after the property is conveyed to the county; except that the board of county commissioners may reject any bid that is less than the value of the property as determined by the assessor. Prior to offering the property for sale, the board of county commissioners shall obtain from the assessor a certificate as to the current actual value and the valuation for assessment of the property. A notice of such sale must be posted in a public place in the county courthouse at least thirty days before the date of sale, and the notice of sale must also be advertised in two issues of a newspaper of general circulation in the county in which the property is situated, said newspaper notices must appear one week apart and within the thirty days as above provided. The notice must reserve the right upon the part of the board of county commissioners to reject any bid that is less than the value determined by the assessor. The notice must be substantially in the following form:

NOTICE

​​ Public notice is hereby given that the following property acquired by the County of .............., Colorado, by treasurer's deed, to wit:

(description of property)

will, according to law, be offered at public sale at the county courthouse, .............., Colorado, on the .............. day of .............., 20...., at the hour of .... to the highest and best bidder. The board of county commissioners reserves the right to reject any bid that is less than the current actual value fixed by the county assessor.

..............................................

County Clerk and Recorder.

(a.5) The notice of sale posted pursuant to subsection (4)(a) of this section must contain a statement substantially in the following form: "If this property is at least fifty years old, it may be eligible for inclusion in the state register of historic properties or designation as a landmark. This property may be eligible for certain rehabilitation grants and incentives."

(b) The property must be sold at public sale for the highest and best bid for any property, as determined in the discretion of the board of county commissioners; except that the board of county commissioners may reject any bid that is less than the value of the property as determined by the assessor. The property may be sold in lots or parcels and upon terms of payment as the board of county commissioners deems acceptable, but no deed may be issued until the purchaser has made payment in full. Upon written application of any person, the board of county commissioners shall offer for sale the property requested by the person to be sold; except that no property may be divided for the purpose of the requested sale unless the board of county commissioners specifically permits the division. The board of county commissioners may, prior to the sale of any property, reserve or grant streets, alleys, or roads or utilities or other easements, public or private, under terms and conditions as it may deem advisable.

(5) Such deeds shall be issued by a commissioner to convey, duly appointed by the board of county commissioners, which commissioner shall act upon the direction of the board of county commissioners, but such deed shall be issued without covenants of warranty.

(6) This section does not apply to any city and county having a population of more than three hundred thousand. Sales and leases by such city and county must be made in compliance with the applicable provisions of its charter or ordinances.

Source: L. 64: R&RE, p. 739, § 1. C.R.S. 1963: § 137-11-42. L. 2004: (1), (2), (3), and (4) amended and (2.5) added, p. 159, § 2, effective August 4. L. 2026: (1), (2), (2.5), (3), (4), and (6) amended, (SB 26-144), ch. 135, p. 615, § 42, 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.