Welcome to your daily briefing on real estate developments in Colorado. Today we're covering 4 key stories including updates on colombia real estate headlines, background & context. Let's dive in.
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1 story
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3 stories
A 1031 like-kind exchange has three hard clocks: the 45-day identification window, the 180-day close window, and the same-taxpayer rule (the entity selling and buying must match). Missing any one of these collapses the deferral, exposing the full gain to tax. The most-missed is the same-taxpayer rule when LLCs change membership mid-exchange.
The tax exposure on a busted exchange is the full long-term capital gain plus depreciation recapture — often 25-30% of the basis difference. Process discipline is the only protection.
Most CO jurisdictions allow appeals in a narrow annual window after assessments mail. The strongest appeals lead with three comparable sales from within 6 months and a half-mile radius, and explicitly address why the subject differs from the assessor's comp set — typically condition, location, or improvements that were over-counted.
Successful appeals reduce the assessed value for the appeal year and often reset the baseline for future years. Even a 10% reduction compounds over a decade of ownership.
A Phase I ESA is required for most commercial loans and is strongly recommended whenever a site has had industrial, gas-station, dry-cleaner, or auto-repair use in its history. The ESA itself does not test soil — it researches historical use and identifies Recognized Environmental Conditions that may justify a Phase II (which does test).
CERCLA liability for contamination attaches to current owners regardless of who caused the contamination. A Phase I performed before purchase establishes the "innocent landowner" defense, which is otherwise nearly impossible to claim.
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