Commissioners deny Wind River Place tax abatement after dispute over fire damage and sales data

The El Paso County Board of County Commissioners voted 5–0 on March 10 to deny Wind River Place Holdings LLC's request to abate 2024 property taxes.

The taxpayer's representative told the board that a fire on Nov. 25, 2021 rendered 24 of 120 units uninhabitable during the data‑collection period and asked the board to assess the property as if it had 96 units for valuation purposes. "We at least ask that the board assess this property, as if it had 96 units during the assessment period," the petitioner said, and requested a reduced market value (petitioner's calculation) of $16,380,000.

The assessor's commercial manager emphasized statutory guidance and sales data, noting a recorded sale on June 21, 2022 for $22,250,000 (a sale that occurred post‑fire) and citing Colorado statute CRS 39‑5‑117 on valuation of improvements destroyed after the assessment date. The assessor also noted that lending and permitting records indicated parties obtained financing and appraisals during the base period, supporting the assessor's market approach.

Commissioners asked about insurance claims, the timing of repairs (petitioner said repairs were completed in June 2023), and whether the petitioner had promptly notified the assessor as required by statute. Commissioners expressed sympathy for the fire but said statutory and constitutional valuation rules limit departures from the market (sales) approach. Commissioner Williams moved to uphold the assessor's recommendation and deny the abatement petition; the board voted 5–0.

The board's action leaves the assessor's market-based valuation in place for Wind River Place for 2024; the petitioner may pursue further administrative or judicial remedies if available.

The board later met in executive session about tax-lien negotiations and adjourned.