Colorado § 39-12-113 - Redemption of proportionate interest.

§ 39-12-113. Redemption of proportionate interest.

(1) Any person who has or claims an interest in or a lien upon all or any part of any undivided or divided estate or interest in any piece or parcel of land or lot for which a tax lien was sold pursuant to article 11 of this title may redeem such undivided or divided estate or interest by paying to the treasurer his proportionate part of the amount required to redeem the whole. In such case the treasurer shall issue to such party a certificate of redemption for his interest in such land or lot, as provided by law.

(2) In the event that the treasurer cannot definitely ascertain the amount required to redeem the portion sought to be redeemed, he shall request the assessor to determine the valuation for assessment on such portion sought to be redeemed as of the original assessment date for the tax upon which the sale of the tax lien was based. Such assessor shall furnish such valuation for assessment to the treasurer forthwith. The treasurer shall thereupon ascertain such proportionate redemption amount as that amount which bears the same proportion to the amount required to redeem the entire piece or parcel of land or lot for which a tax lien was sold as such valuation for assessment so furnished bears to the original valuation for assessment of the entire piece or parcel of land or lot for which a tax lien was sold.

Source: L. 64: R&RE, p. 748, § 1. C.R.S. 1963: § 137-12-13. L. 85: Entire section amended, p. 1251, § 41, effective July 1.

ANNOTATION

Annotator's note. The following annotations include cases decided under this section as it existed prior to its 1964 repeal and reenactment.

Tenant in common may pay tax upon share of land. A tenant in common of lands may, under subsection (1), pay the tax upon his share thereof, though the tax is assessed upon the whole estate, and he may redeem his interest from a previous tax sale of the whole. Hallett v. Alexander, 50 Colo. 37, 114 P. 490 (1911).

A tenant need not discharge tax upon cotenant's interest. A tenant in common is under no necessity to discharge the tax upon the interest of his cotenant and will not be allowed a lien thereon for such payment made without the request of the cotenant. Hallett v. Alexander, 50 Colo. 37, 114 P. 490 (1911).

Section inapplicable to undivided interest separately assessed and sold. This section has no applicability where an undivided interest has been separately listed, assessed, and sold; to effectuate a redemption thereof, the owner of the undivided interest is obliged to pay the entire redemption money upon that interest. Garbanati v. Patterson, 37 Colo. 230, 85 P. 845 (1906).

Conveyancing and Evidence of Title

ARTICLE 13

Documentary Fee on Conveyances of Real Property

39-13-101. Legislative declaration.

39-13-101.5. Definitions.

39-13-102. Documentary fee imposed - amount - to whom payable - legislative declaration - definition.

39-13-103. Evidence of payment of fee.

39-13-104. Exemptions.

39-13-105. No deed recorded unless documentary fee paid.

39-13-106. Unlawful acts - penalty.

39-13-107. Assessor to compile continuing record.

39-13-108. Disposition of fees.