C.R.S. Section 39-5-134
Controlled environment agricultural facility

  • valuation
  • affidavit
  • definition
  • repeal

(1)

As used in this section, “controlled environment agricultural facility” or “CEA facility” has the same meaning as specified in section 39-1-102 (3.3).

(2)

A CEA facility is valued for assessment purposes as all other agricultural property using the cost, market, and income approaches to value.

(3)

If the sole use of the CEA facility is not the growing of crops for human or livestock consumption, then the property is classified and valued for assessment purposes based on actual use.

(4)

As part of the personal declaration the owner of a CEA facility signs and returns to the county assessor pursuant to sections 39-5-107 and 39-5-108, the owner shall include an affidavit executed by the owner in which the owner affirms that the CEA facility meets the requirements of section 39-1-102 (3.3), including the requirements that the facility optimizes hydroponics and that the sole purpose of the CEA facility is to obtain a monetary profit from the wholesale of plant-based food for human or livestock consumption. If the crop grown in the CEA facility is hemp, the owner must also include a copy of a license to verify to the assessor that the crop is not marijuana.

(5)

Notwithstanding any other provision of law, a CEA facility shall not violate the terms and conditions of any applicable water court decree issued pursuant to article 92 of title 37 and shall not materially injure water rights or conditional water rights granted under article 92 of title 37.

(6)

This section is repealed, effective July 1, 2029.

Source: Section 39-5-134 — Controlled environment agricultural facility - valuation - affidavit - definition - repeal, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-39.­pdf (accessed Oct. 20, 2023).

39‑5‑101
Duties of assessor 39‑5‑102
When schedules required - nonresident owners listed 39‑5‑103
Property described 39‑5‑103.5
Maps of parcels of land in the county 39‑5‑104
Valuation of property 39‑5‑104.5
Valuation of personal property 39‑5‑104.7
Valuation of real and personal property that produces alternating current electricity from a renewable energy source 39‑5‑105
Improvements - water rights - valuation 39‑5‑106
Purchase of state land 39‑5‑107
Personal property schedule 39‑5‑108
Schedule sent to taxpayer - return 39‑5‑108.5
Furnished residential real property rental advertisements - information to be provided to the assessor - legislative declaration 39‑5‑110
Property brought into state after assessment date - removal before next assessment date 39‑5‑113
Movable equipment - apportionment of value 39‑5‑113.3
Oil and gas drilling rigs - apportionment of value 39‑5‑113.5
Works of art - apportionment of value 39‑5‑114
Unclassified property shown on schedule 39‑5‑115
Taxpayer to furnish information - affidavit on mineral leases 39‑5‑116
Failure to file schedule - failure to fully and completely disclose 39‑5‑117
Property improvements destroyed after assessment date 39‑5‑118
Failure to receive schedule - validity of valuation 39‑5‑119
Refusal to answer - court order 39‑5‑120
Tax schedules endorsed and filed - availability for inspection 39‑5‑121
Notice of valuation - legislative declaration - definition - repeal 39‑5‑121.5
Valuation - inspection of data by taxpayers 39‑5‑122
Taxpayer’s remedies to correct errors 39‑5‑122.7
Alternate protest and appeal procedure for specified counties 39‑5‑123
Abstract of assessment or amended abstract of assessment 39‑5‑124
Property tax administrator to examine abstract 39‑5‑125
Omission - correction of errors 39‑5‑126
Wrongful return by assessor 39‑5‑127
Correction of assessments 39‑5‑128
Certification of valuation for assessment - repeal 39‑5‑129
Delivery of tax warrant - public inspection 39‑5‑130
Informality not to invalidate 39‑5‑132
Assessment and taxation of new construction 39‑5‑133
2011 modification of statutory definition of “agricultural land” - TABOR election - adjustment of district mill levy 39‑5‑134
Controlled environment agricultural facility - valuation - affidavit - definition - repeal 39‑5‑201
Legislative declaration 39‑5‑202
Taxation of mobile homes - effective date 39‑5‑203
Mobile homes - determination of value 39‑5‑204
Notification concerning mobile homes in a county for part of a year 39‑5‑205
Relocation of a mobile home - collection of taxes
Green check means up to date. Up to date

Current through Fall 2024

§ 39-5-134’s source at colorado​.gov