C.R.S. Section 39-11-148
Limitations on tax certificates

  • special improvement liens

(1)

No lien upon real property created by a tax certificate or a certificate of purchase issued by a treasurer on account of any delinquent property taxes or any special assessment of any kind or nature shall remain a lien thereon for a period longer than fifteen years after the original issuance thereof, except as provided in subsection (3) of this section. This section shall not apply to any tax certificate or certificate of purchase issued to and held by the county, city, city and county, or district levying such tax or special assessment; except that, in the event of an assignment of such tax certificate or certificate of purchase so issued to and held by such county, city, city and county, or district, the lien of such tax certificate or certificate of purchase shall cease fifteen years after the date of its issuance subject only to the provisions of subsection (3) of this section.

(2)

No treasurer’s deed shall issue on any tax sale evidenced by tax certificate or certificate of purchase where such tax certificate or certificate of purchase has ceased to be a lien pursuant to the provisions of this section and application for such treasurer’s deed is not pending at the time of the expiration of the limitation period provided for in this section.

(3)

In the event of an assignment of a tax certificate or certificate of purchase held by a county, city, city and county, or district levying such tax wherein such certificate is fifteen years old at the time of assignment or will become fifteen years old within one year from the date of such assignment, the assignee thereof shall be entitled to a tax deed in the manner provided by law if such assignee or other legal holder of such certificate institutes proceedings to procure a tax deed by making a demand upon the treasurer for same, as provided by law, within one year from the date of such assignment by the county, city, city and county, or district levying such tax.

(4)

Whenever a lien created by a tax certificate has expired by reason of the provisions of this section, the treasurer shall immediately issue a certificate of cancellation describing the real estate included in the certificate of purchase or tax certificate and giving the date of cancellation, and he shall also make proper entries in the book of sales in his office as follows: “Canceled by provision of section 39-11-148, C.R.S.”, with the date of such entry. He shall also present every such certificate of cancellation to the county clerk and recorder who shall enter the same in the record of land for which a tax lien was sold for delinquent taxes and endorse the date of entry on the certificate of cancellation and file the same, and such certificate and the record thereof shall be prima facie evidence of the cancellation of the certificate of purchase or tax certificate and of the release of the lien of such certificate on the lands therein described. Failure to record such certificate of cancellation shall not extend the lien created by the certificate of purchase or tax certificate. The treasurer and county clerk and recorder shall not be entitled to any fees for the issuing of such certificate of cancellation nor for the entries in their books made under the provisions of this subsection (4).

(5)

Whenever a lien created pursuant to a tax certificate becomes unenforceable pursuant to section 31-25-1119, C.R.S., the treasurer shall immediately issue a certificate of cancellation describing the real estate included in the certificate of purchase or tax certificate indicating thereon the date of cancellation and shall make the appropriate entries in the book of sales in his office, as follows: “Canceled by provision of sections 31-25-1119 and 39-11-148, C.R.S.”, with the date of such entry. He shall present every such certificate of cancellation to the county clerk and recorder who shall enter the same in the record of land for which a tax lien was sold for delinquent taxes and endorse the date of entry on the said certificate of cancellation and file the same, and such certificate and the record thereof shall be prima facie evidence of the cancellation of the certificate of purchase or tax certificate and of the release of the lien of such certificate on the lands therein described. Failure to record such certificate of cancellation shall not extend the lien created by the certificate of purchase or tax certificate. The treasurer and county clerk and recorder shall not be entitled to any fees for the issuing and recording of such certificate of cancellation nor for the entries in their books made under the provisions of this subsection (5).

Source: Section 39-11-148 — Limitations on tax certificates - special improvement liens, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-39.­pdf (accessed Oct. 20, 2023).

39‑11‑100.3
Definitions 39‑11‑101
Notice to delinquent owner 39‑11‑102
Treasurer to publish and post notice 39‑11‑103
Treasurer to make affidavit of posting 39‑11‑104
Publisher’s affidavit - form 39‑11‑105
Selection of newspaper publishing notice 39‑11‑106
Advertising and auction fees 39‑11‑107
Erroneous assessments - abatement 39‑11‑108
Manner of conducting public auction - definitions 39‑11‑109
Time of public auction 39‑11‑110
When public auction can be held 39‑11‑111
Method of payment 39‑11‑112
Erroneous name or assessment in wrong county - effect 39‑11‑113
Abbreviations, letters, and figures may be used 39‑11‑114
Record of sales of tax liens on real estate and mobile homes 39‑11‑115
To whom tax lien shall be sold 39‑11‑116
Procedure when purchaser fails to pay 39‑11‑117
Certificate of purchase 39‑11‑118
Certificate of purchase assignable 39‑11‑119
Subsequent payment by holder 39‑11‑120
Presentation of certificates for deed 39‑11‑121
Municipalities, prior sales validated 39‑11‑122
Transfer of certificates by counties 39‑11‑123
Transfer of certificates - irrigation or drainage district taxes 39‑11‑124
Counties, prior sales validated 39‑11‑125
Disposal of certificates by districts 39‑11‑126
Agreement with county commissioners 39‑11‑127
Irrigation or drainage districts, prior sales validated 39‑11‑128
Condition precedent to deed - notice 39‑11‑129
Tax deed - issuance, execution, requirements 39‑11‑130
Fees included in redemption money 39‑11‑131
Notice of application for deed 39‑11‑133
Suit to quiet title 39‑11‑134
Defects in tax deed, effect 39‑11‑135
Form of tax deed 39‑11‑136
Treasurer to execute deed - effect 39‑11‑137
Validation of acknowledgments of tax deeds 39‑11‑138
When successor of treasurer shall act 39‑11‑139
Posting list of tax sale certificates and tax deeds 39‑11‑140
Tax deed recorded - entry 39‑11‑141
Action to determine validity of certificates 39‑11‑142
Disposition of certificates held by counties 39‑11‑143
Appraisal - county may retain, lease, or sell - definitions 39‑11‑144
County lands, prior sales validated 39‑11‑145
Proceeds of sales 39‑11‑146
Lien of special assessment not affected 39‑11‑147
Treasurer to report payments 39‑11‑148
Limitations on tax certificates - special improvement liens 39‑11‑149
Sales en masse valid 39‑11‑150
Sales of tax liens on severed mineral interests 39‑11‑151
County officials and employees may not acquire a tax lien or property by sale of a tax lien 39‑11‑152
Combined sale of delinquent tax liens and special assessment liens
Green check means up to date. Up to date

Current through Fall 2024

§ 39-11-148’s source at colorado​.gov