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Second Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 26-0286.01 Jed Franklin x5484 SENATE BILL 26-044
Senate Committees House Committees
Finance
A BILL FOR AN ACT
CONCERNING THE COLLECTION OF TAXES ON MINERAL RIGHTS BY101
COUNTY TREASURERS.102
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov.)
The bill authorizes a board of county commissioners to cancel any
taxes that have been levied on a severed mineral account 5 years after the
date the taxes become delinquent. The bill establishes certain
requirements for when a county may convey a tax lien on a severed
mineral account to a grantee or surface owner of record after a period of
5 years.
SENATE SPONSORSHIP
Pelton B.,
HOUSE SPONSORSHIP
(None),
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 39-10-114, add2
(2)(c) as follows:3
39-10-114. Abatement - cancellation of taxes.4
(2) (c) ANY TAXES LEVIED ON A SEVERED MINERAL ACCOUNT THAT5
ARE DETERMINED TO BE UNCOLLECTIBLE FIVE YEARS AFTER THE DATE THE6
TAXES BECOME DELINQUENT MAY BE CANCELED BY THE BOARD OF7
COUNTY COMMISSIONERS OF THE COUNTY THAT LEVIED THE TAXES, AND8
THE MINERAL ACCOUNT SHALL BE DISTINGUISHED AND CONVEYED TO THE9
GRANTEE OR SURFACE OWNER OF RECORD BY MEANS OF RECORDED TAX10
DEED, AT NO COST TO THE GRANTEE OR SURFACE OWNER OF RECORD, OR11
CONVEYED TO THE TREASURER'S OFFICE.12
SECTION 2. In Colorado Revised Statutes, 39-11-128, add (3)13
as follows:14
39-11-128. Condition precedent to deed - notice - exception.15
(3) SUBSECTION (1) OF THIS SECTION DOES NOT APPLY TO TAXES16
ON A SEVERED MINERAL ACCOUNT THAT HAVE BEEN CANCELED BY A17
BOARD OF COUNTY COMMISSIONERS PURSUANT TO SECTION 39-10-11418
(2)(c). T AXES ON SEVERED MINERAL ACCOUNTS THAT HAVE BEEN19
CANCELED BY THE BOARD OF COUNTY COMMISSIONERS SHALL BE20
DISTINGUISHED AND CONVEYED TO THE GRANTEE OR SURFACE OWNER OF21
RECORD BY MEANS OF RECORDED TAX DEED, AND NO FEE IS REQUIRED FOR22
THE PROCESSING OR RECORDING OF SUCH TAX DEED.23
SECTION 3. In Colorado Revised Statutes, 39-11-142, amend24
(6)(a) as follows:25
39-11-142. Disposition of certificates held by counties.26
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(6) (a) (I) Before July 1, 2024, in all cases where E XCEPT AS1
PROVIDED IN SUBSECTION (6)(a)(II) OF THIS SECTION, IF a tax lien on real2
property has been struck off to the county at a tax sale and the county has3
held the certificate of sale for thirty FIFTEEN years or more without4
obtaining a tax deed as provided in this section, then such certificate may5
be declared void and of no effect.6
(II) I N ALL CASES WHERE A TAX LIEN ON A SEVERED MINERAL7
ACCOUNT HAS BEEN STRUCK OFF TO THE COUNTY AT A TAX SALE AND THE8
COUNTY HAS HELD THE CERTIFICATE OF SALE FOR FIVE YEARS OR MORE9
WITHOUT OBTAINING A TAX DEED AS PROVIDED IN THIS SECTION , THEN10
SUCH CERTIFICATE MAY BE DECLARED VOID AND OF NO EFFECT, AND THE11
SEVERED MINERAL ACCOUNT MAY BE CONVEYED TO THE GRAN TEE OR12
SURFACE OWNER OF RECORD BY MEANS OF RECORDED TAX DEED.13
SECTION 4. In Colorado Revised Statutes, 39-11-148, amend14
(1) and (3) as follows:15
39-11-148. Limitations on tax certificates - special16
improvement liens.17
(1) (a) No EXCEPT AS PROVIDED IN SUBSECTIONS (1)(b) AND (3) OF18
THIS SECTION, A lien upon real property created by a tax certificate or a19
certificate of purchase issued by a treasurer on account of any delinquent20
property taxes or any special assessment of any kind or nature shall NOT21
remain a lien thereon for a period longer than fifteen years after the22
original issuance thereof. except as provided in subsection (3) of this23
section. This section shall DOES not apply to any tax certificate or24
certificate of purchase issued to and held by the county, city, city and25
county, or district levying such tax or special assessment; except that, in26
the event of an assignment of such tax certificate or certificate of27
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purchase so issued to and held by such county, city, city and county, or1
district, the lien of such tax certificate or certificate of purchase shall2
cease fifteen years after the date of its issuance subject only to the3
provisions of subsection (3) of this section.4
(b) EXCEPT AS PROVIDED IN SUBSECTION (3) OF THIS SECTION, A5
LIEN UPON A SEVERED MINERAL ACCOUNT CREATED BY A TAX CERTIFICATE6
OR A CERTIFICATE OF PURCHASE ISSUED BY A TREASURER ON ACCOUNT OF7
ANY DELINQUENT PROPERTY TAXES OR ANY SPECIAL ASSESSMENT OF ANY8
KIND OR NATURE SHALL NOT REMAIN A LIEN THEREON FOR A PERIOD9
LONGER THAN FIVE YEARS AFTER THE ORIGINAL ISSUANCE THEREOF. THIS10
SUBSECTION (1)(b) DOES NOT APPLY TO ANY TAX CERTIFICATE OR11
CERTIFICATE OF PURCHASE FOR A SEVERED MINERAL ACCOUNT THAT IS12
ISSUED TO AND HELD BY THE COUNTY , CITY , CITY AND COUNTY , OR13
DISTRICT LEVYING SUCH TAX OR SPECIAL ASSESSMENT; EXCEPT THAT, IN14
THE EVENT OF AN ASSIGNMENT OF SUCH TAX CERTIFICATE OR CERTIFICATE15
OF PURCHASE SO ISSUED TO AND HELD BY SUCH COUNTY, CITY, CITY AND16
COUNTY, OR DISTRICT , THE LIEN OF SUCH TAX CERTIFICATE OR17
CERTIFICATE OF PURCHASE SHALL CEASE FIVE YEARS AFTER THE DATE OF18
ITS ISSUANCE SUBJECT ONLY TO THE PROVISIONS OF SUBSECTION (3) OF19
THIS SECTION.20
(3) (a) E XCEPT AS PROVIDED IN SUBSECTION (3)(b) OF THIS21
SECTION, in the event of an assignment of a tax certificate or certificate22
of purchase FOR REAL PROPERTY THAT IS held by a county, city, city and23
county, or district levying such tax wherein such certificate is fifteen24
years old at the time of assignment or will become fifteen years old within25
one year from the date of such assignment, the assignee thereof shall be26
IS entitled to a tax deed in the manner provided by law if such assignee or27
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other legal holder of such certificate institutes proceedings to procure a1
tax deed by making a demand upon the treasurer for THE same, as2
provided by law, within one year from the date of such assignment by the3
county, city, city and county, or district levying such tax.4
(b) IN THE EVENT OF AN ASSIGNMENT OF A TAX CERTIFICATE OR5
CERTIFICATE OF PURCHASE FOR A SEVERED MINERAL ACCOUNT THAT IS6
HELD BY A COUNTY, CITY, CITY AND COUNTY, OR DISTRICT LEVYING SUCH7
TAX WHEREIN SUCH CERTIFICATE IS FIVE YEARS OLD AT THE TIME OF8
ASSIGNMENT OR WILL BECOME FIVE YEARS OLD WITHIN ONE YEAR FROM9
THE DATE OF SUCH ASSIGNMENT, THE ASSIGNEE THEREOF IS ENTITLED TO10
A TAX DEED IN THE MANNER PROVIDED BY LAW IF SUCH ASSIGNEE OR11
OTHER LEGAL HOLDER OF SUCH CERTIFICATE INSTITUTES PROCEEDINGS TO12
PROCURE A TAX DEED BY MAKING A DEMAND UPON THE TREASURER FOR13
THE SAME, AS PROVIDED BY LAW, WITHIN ONE YEAR FROM THE DATE OF14
SUCH ASSIGNMENT BY THE COUNTY, CITY, CITY AND COUNTY, OR DISTRICT15
LEVYING SUCH TAX.16
SECTION 5. In Colorado Revised Statutes, 39-11-151, add (4)17
as follows:18
39-11-151. County officials and employees may not acquire a19
tax lien or property by sale of a tax lien - exception.20
(4) T HIS SECTION DOES NOT APPLY TO THE CONVEYANCE OF A21
SEVERED MINERAL ACCOUNT IN ACCORDANCE WITH SECTION 39-11-14222
(6)(a)(II).23
SECTION 6. Act subject to petition - effective date. This act24
takes effect at 12:01 a.m. on the day following the expiration of the25
ninety-day period after final adjournment of the general assembly (August26
12, 2026, if adjournment sine die is on May 13, 2026); except that, if a27
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referendum petition is filed pursuant to section 1 (3) of article V of the1
state constitution against this act or an item, section, or part of this act2
within such period, then the act, item, section, or part will not take effect3
unless approved by the people at the general election to be held in4
November 2026 and, in such case, will take effect on the date of the5
official declaration of the vote thereon by the governor.6
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