Colorado § 39-11.5-110 - Public auction - location - announcement - records - definition.

§ 39-11.5-110. Public auction - location - announcement - records - definition.

(1) (a) The treasurer shall conduct the public auction at any door or entrance to, or in any room in any building temporarily or permanently used as, a courthouse or at or within any building where the office of the county clerk and recorder or the office of the treasurer is located, which place must be specifically designated in the notice of public auction; except that a public auction may also be conducted by means of the internet or other electronic medium. The county, the treasurer, and employees of the county or the treasurer, acting in their official capacities in preparing, conducting, and executing a public auction under this article 11.5 by means of the internet or another electronic medium, are not liable for the failure of a device that prevents a person from participating in a public auction under this article 11.5.

(b) As used in subsection (1)(a) of this section, "device" includes, but is not limited to, any computer hardware, computer network, computer software application, or website.

(c) A notice of public auction must designate the actual place of the auction or, if the public auction is conducted by means of the internet or another electronic medium, the information prescribed by section 39-11.5-105 (3).

(2) (a) At a public auction, a treasurer must read only the treasurer's deed number; the name of the lawful holder; the street address or, if none, the legal description of the property; the first and last publication dates of the notice of public auction, if applicable; and, in accordance with the bid form submitted pursuant to section 39-11.5-107 (3), the amount of the bid and the name of the person who submitted the bid.

(b) In lieu of reading the information required by subsection (2)(a) of this section, a treasurer may post the information at the location of the public auction, provide a written copy of the information to all persons present at the public auction, or post the information on the internet or other electronic medium, if the public auction is conducted by means of the internet or another electronic medium.

(3) (a) A treasurer, acting in their individual capacity, must not bid at a public auction held pursuant to this section.

(b) This subsection (3) does not apply where the property subject to tax lien is mineral rights and a treasurer is the surface owner of said mineral rights.

(4) At any time before the commencement of a public auction, a treasurer may, for good cause shown, prohibit a person from participating in a public auction. Good cause may include, but is not limited to, failure to comply with auction procedures or policies established by the treasurer, or engaging in disruptive, abusive, fraudulent, or threatening behavior. A treasurer may prohibit a person from participating in any public auction conducted under this article 11.5 for a period of not more than five years.

(5) (a) If a person bidding fails to pay the amount due, a treasurer may offer a certificate of option for a treasurer's deed, without additional advertisement, to another bidder, whether or not the public auction has closed; or may again offer and sell a certificate of purchase on such property; or, at a treasurer's option, the treasurer may recover the amount bid by civil action brought in the name of the county in any court of competent jurisdiction.

(b) In a public auction conducted by means of the internet or other electronic medium, if a person bidding fails to pay the amount due, a treasurer may offer the certificate of option for a treasurer's deed, without additional advertisement, to another bidder, whether or not the public auction has closed; or may again offer and sell a certificate of purchase on the property; or at a treasurer's discretion, the treasurer may recover the amount bid by civil action brought in the name of the county in any court of competent jurisdiction.

(c) A treasurer may prohibit a person who fails to pay the amount due from bidding on public auctions under this article 11.5 for not more than five years.

(6) Whenever a treasurer sells property, the treasurer shall create and send for recording in the records of the office of the clerk a certificate of option for treasurer's deed pursuant to section 39-11.5-401.

Source: L. 2026: Entire article R&RE, (SB 26-144), ch. 135, p. 635, § 53, effective June 1.