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1978 Colorado Attorney General Reports and Opinions 1 (1978)

handle is hein.sag/sagco0013 and id is 1 raw text is: ,EDITED) January 11, 1978 Mr. Ray E. Carper Property Tax Administrator 623 State Centennial Building 1313 Sherman Street Denver, Colorado 80203 RE: Applicability of open space provisions of H.B. 1452 (1977) to parcels of land in excess of 35 acres AG Alpha No. LO PT AGCAN AG File No. DLS/AGCAN/KL (EDITED) Deer Mr. Carper: This is to respond to your request for an opinion as to whether the open space provisions of H.B. 1452, enacted in 1977, apply to parcels of land in excess of 35 acres. QUESTIONPRESENTEDAQ CONCLUSION Do the open space provisions of H.B. 1452 (1977 Session) apply to parcels of land in excess of 35 acres? My conclusion is yes. ANALYSIS C.R.S. 1973, 39-1-101(7.5) defines land used for open space res- idential purposes as land of up to thirty-five acres, part of which is used for residential and related purposes and part of which is used for open space. The question is whether the first 35 acres of a 40 or 80 acre parcel are entitled to open space treatment for assessed valua- tion, The law is ambiguous as to whether there is an absolute 35-acre maximum on the size of a parcel eligible for the open space clas- sification or whether the first 35 acres of a larger parcel would also be eligible. Because of the statutory ambiguity, an effort has been made to determine the intent of the General Assembly (C.R.S. 1973, 2-4-203)).

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