Colorado § 39-8-102 - Duties of county board of equalization.

§ 39-8-102. Duties of county board of equalization.

(1) The county board of equalization shall review the valuations for assessment of all taxable property appearing in the assessment roll of the county, directing the assessor to supply any omissions which may come to its attention. It shall correct any errors made by the assessor, and, whenever in its judgment justice and right so require, it shall raise, lower, or adjust any valuation for assessment appearing in the assessment roll to the end that all valuations for assessment of property are just and equalized within the county.

(2) (a) to (h) Repealed.

(i) The county board of equalization shall have the authority to appoint independent referees who are experienced in property valuation to conduct hearings pursuant to subsection (1) of this section on behalf of the county board of equalization and to make findings and submit recommendations to the county board of equalization for its final action. However, no person shall be appointed as an independent referee pursuant to the provisions of this paragraph (i) in any county during any property tax year in which such person represents or has represented any taxpayer in such county in any matter relating to the protest and appeal of property valuation or to the abatement or refund of property taxes. In addition, no person appointed as an independent referee pursuant to the provisions of this paragraph (i) shall represent any taxpayer who appeared in any hearing before such independent referee in any matter subsequent to such hearing relating to the protest and appeal of property valuation or to the abatement or refund of property taxes.

(j) and (k) Repealed.

(3) (Repeal provision deleted by revision.)

(4) Repealed.

Source: L. 64: R&RE, p. 714, § 1. C.R.S. 1963: § 137-8-8. L. 77: Entire section amended, p. 1758, § 1, effective June 1; (4) added, p. 1736, § 18, effective June 20. L. 79: (2)(i) amended, p. 1641, § 53, effective July 19. L. 81: (4) repealed, p. 1835, § 14, effective June 12. L. 92: (2)(i) amended, p. 2209, § 6, effective June 3.

Editor's note: Subsection (3) provided for the repeal of subsections (2)(a) to (2)(h), (2)(j), and (2)(k), effective January 1, 1978, and is therefore deleted by revision as obsolete. (See L. 77, p. 1758.)

ANNOTATION

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

Equalization system is not in conflict with due process of law. People ex rel. State Bd. of Equaliz. v. Hively, 139 Colo. 49, 336 P.2d 721 (1959).

Boards to adjust property values. The constitutional duty imposed upon the state board of equalization is to adjust and equalize the property values among the several counties of the state. Since these duties having been imposed upon these agencies by § 15 of art. X, Colo. Const., the general assembly is powerless to take them away or confer them upon another. People ex rel. State Bd. of Equaliz. v. Pitcher, 56 Colo. 343, 138 P. 509 (1914), aff'd, 239 U.S. 441 (1915).

Equalization and assessment distinguished. The process of equalization relates to the raising or lowering of the total valuation placed upon a class or subclass of property in the aggregate. Assessment, on the other hand, constitutes the process of placing a value for tax purposes upon the property of a particular taxpayer. Wenner v. Bd. of Assessment Appeals, 866 P.2d 172 (Colo. App. 1993).

The broad powers granted by subsection (1) include those incidental powers necessary to effectuate an equalization of any disparities which affect the uniformities of the tax assessed. Where board directed the assessor to revalue properties to correct a disparity, board did not exceed its statutory authority. Wenner v. Bd. of Assessment Appeals, 866 P.2d 172 (Colo. App. 1993).

Applied in Am. Mobilehome Ass'n v. Dolan, 191 Colo. 433, 553 P.2d 758 (1976).