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SB24-097

Property Tax Distraint Sale Mobile Home

Concerning the distraint sale of a mobile home to collect delinquent property taxes, and, in connection therewith, modifying the provision for payment of any surplus proceeds to align with a federal supreme court decision and extending the redemption period for certain mobile home owners from one to two years.
Session:
2024 Regular Session
Subject:
Fiscal Policy & Taxes
Bill Summary

Current law specifies that after the distraint sale of a mobile home to collect delinquent property taxes, any surplus proceeds from the sale must be credited to the county general fund. The bill modifies the distraint sale statute to require a public auction of the mobile home at a fixed fair minimum price with any surplus proceeds being paid to the owner, or any other person having established a legal right thereto, in order to bring state law into compliance with the United States supreme court's recent decision affirming a property owner's constitutional right to the value of their property in excess of their tax debt. The bill also extends the redemption period for the owner of a mobile home that is located on leased land or other land not owned by the owner from one year to 2 years.
(Note: This summary applies to this bill as introduced.)

Status

Introduced
Lost

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Bill Text

Sponsors

Sponsor Type Legislators
Prime Sponsor

Sen. C. Simpson
Rep. M. Martinez

Sponsor


Rep. E. Velasco

Co-sponsor

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The effective date for bills enacted without a safety clause is August 7, 2024, if the General Assembly adjourns sine die on May 8, 2024, unless otherwise specified. Details