Jet Black v Routt County Board of County Commissioners
About This Legal Opinion
The assessor issued a notice of valuation to each owner, adding to the actual value of the ownership parcel as agricultural land the actual value of the proportionate interest in the common area parcels and
improvements, and thereby increasing the actual value of the ownership parcels. At issue on appeal was the proper valuation for ad valorem property tax purposes of vacant agricultural residential lots in a common interest ownership community with extensive common area improvements. The court first concluded that the assessment was proper. The court determined that the common area had to be accounted for as a separate component of property tax valuation, and it rejected the owners' argument that the assessor improperly attributed the value of the common areas to the owner lots under
Colo. Rev. Stat. § 38-33.3-105 (2006). The court then stated that the common area improvements and the ground under them were to be valued based on market value, and not in accordance with the special procedure for agricultural land and improvements. Finally, the court disagreed with the owners that the extraction method used by the assessor to value the common area parcels was in error.
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