NOTE: The governor signed this measure on 6/10/2016.
      
      
      HOUSE BILL 16-1339
      
      
      BY REPRESENTATIVE(S) Buck and Ginal, Danielson, Mitsch Bush,
      Lebsock, Neville P., Priola, Saine, Vigil;
      also SENATOR(S) Baumgardner, Hodge, Kefalas, Marble, Scott,
      Sonnenberg, Woods.
      
      
      Concerning agricultural property foreclosures.
       
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  In Colorado Revised Statutes, 38-38-108, amend (2)
      (a) (I) and (2) (b); and add (2) (a) (I.5) and (4) as follows:
      
           38-38-108.  Date of sale. (2) (a) (I)  If it is not evident from the legal
      description contained in the deed of trust or other lien being foreclosed
      whether the property described therein is agricultural property, the officer
      shall make that determination no less than ten calendar days nor more than
      twenty calendar days after the recording of the notice of election and
      demand; except that the officer may make the determination at any earlier
      time upon presentation of acceptable evidence that the property is not
      agricultural property. The officer shall accept the following as evidence
      that the property is not agricultural property:
      
           (A)  A certified copy of the subdivision plat containing the property
      or any portion thereof recorded in the office of the clerk and recorder of the
      county where the property or any portion thereof is located; or
      
           (B)  A written statement by the clerk of the city, town, or city and
      county, dated no more than six months prior to before the date of filing of
      the notice of election and demand or lis pendens with the officer, that all
      or a portion of the property was located within the incorporated limits of
      the city, town, or city and county as of the date of recording of the deed of
      trust or other lien or as of the date of the statement. or
      
           (C)  A written statement by the assessor of the county where the
      property is located, dated no more than six months prior to the date of filing
      of the notice of election and demand or lis pendens with the officer, that
      any portion of the property was valued and assessed as other than
      agricultural property after the date of the recording of the deed of trust or
      as of the date of the statement.
      
           (I.5)  The officer shall accept, as evidence that the property
      is agricultural property, a written statement by the assessor of
      the county where the property is located, dated no more than six
      months before the date of filing of the notice of election and
      demand or lis pendens with the officer, that all of the property
      was valued and assessed as agricultural property after the date
      of the recording of the deed of trust or as of the date of the
      statement.
      
           (b)  The statements described in sub-subparagraphs
      sub-subparagraph (B) and (C) of subparagraph (I) and subparagraph
      (I.5) of paragraph (a) of this subsection (2) may be obtained and furnished
      at the expense of the person seeking the determination of whether the
      property is agricultural or nonagricultural property, which expense may be
      included as a portion of the fees and costs of the foreclosure.
      
           (4)  Notwithstanding the designation of property valued
      and assessed as other than agricultural property according to
      the definition of "agricultural property" in section 38-38-100.3 (1)
      (c), an assessor's nonintegral classification of two acres or less
      of land on which a residential improvement is located, as
      described in section 39-1-102 (1.6) (a) (I) (A), C.R.S., is not
      determinative of whether the property is agricultural for
      purposes of paragraphs (c) and (d) of subsection (1) and
      subparagraph (I.5) of paragraph (a) of subsection (2) of this
      section.
      
           SECTION 2.  Act subject to petition - effective date. This act
      takes effect at 12:01 a.m. on the day following the expiration of the
      ninety-day period after final adjournment of the general assembly (August
      10, 2016, if adjournment sine die is on May 11, 2016); except that, if a
      referendum petition is filed pursuant to section 1 (3) of article V of the state
      constitution against this act or an item, section, or part of this act within
      such period, then the act, item, section, or part will not take effect unless
      approved by the people at the general election to be held in November 2016
      and, in such case, will take effect on the date of the official declaration of
      the vote thereon by the governor.
      
      
      
      
      ________________________________________________________
      Dickey Lee Hullinghorst                Bill L. Cadman
      SPEAKER OF THE HOUSE                     PRESIDENT OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
      
      
      ____________________________  ____________________________
      Marilyn Eddins                            Effie Ameen
      CHIEF CLERK OF THE HOUSE                 SECRETARY OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
                  APPROVED________________________________________
      
      
      
      
      
                                    _________________________________________
                                    John W. Hickenlooper
                                    GOVERNOR OF THE STATE OF COLORADO