> Abatement and Refund

Abatement and Refund

Big oil and gas companies appear to be the latest entities focused on finding legal remedy over erroneous volumes and revenues of natural gas reported to Colorado counties for properties they’ve invested in.

Despite the fact that the misreporting may have come from the companies themselves, the state Supreme Court ruled in favor of Oxy USA Inc. v. Mesa County Board of Commissioners, which laid the groundwork for gas and oil companies to be able to request abatement and refunds from counties or local taxing districts to recoup losses.

“The county has a track record of treating taxpayers fairly, so I believe they’ll pay it,” said Garfield County Assessor Jim Yellico.1

Here’s A Recent List of Gas & Oil Companies that Filed for Abatements and Refunds From Colorado Counties

Big Oil & Gas Go After CO Counties for Abatements and Refunds | Denver Zoning Issues and Dispute Attorney

Big Oil & Gas Go After CO Counties for Abatements and Refunds | Denver Zoning Issues and Dispute Attorney

The following information on oil and gas companies that filed for abatements and refunds from counties and taxing districts was gather from news reports:

 

  • In a Dec. 19 Denver Post news article, it was reported that Encana sought a $6 million refund, while Caerus Piceance, LLC claims they were owed $1.2 million.2
  • Garfield County later claimed that Caerus was owed $1.1 million from the county, the local government, and school districts.
  • Caerus also agreed to waive $155,000 in interest that was owed to them.
  • In the Encana settlement, the county and other taxing districts still owed $858,000 in interest, which Encana would not waive. The county commissioners agreed to pay the interest out of a special gas and oil mitigation fund, which spared other taxing districts from paying back any money.

When is Abatement and Refund Owed?

An abatement and refund is owed when a taxpaying entity or person believes that their property has been erroneously or illegally taxed due to negligent or erroneous valuation for assessment, a mistake in levying, administrative error, or over valuation. The abatement and refund process is generally started when a taxpayer misses the deadline for protesting the assessor’s valuation. Taxpayers who feel they have been wronged, over-taxed, or over valuated can file an abatement petition with the county court to request either an abatement of taxes due or a refund of taxes already paid.

Contact a Denver Property Tax Lawyer at Downey & Associates, PC

Filing an abatement and refund petition is a complicated process that requires a knowledgeable and experienced Denver property tax lawyer. The Denver Property Tax Lawyer at Downey & Associates, PC has more than 30 years of experience in property tax law and dispute cases. To set up a free, initial consultation, call us today at 303-813-1111 or use the message form on the right-hand side of the page.

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1“Energy companies seek $7.2 million refund of property taxes overpaid in Garfield County” published in Denver Post, Dec. 2017.

2“Garfield County, Caerus Settle for $1.1M in Gas Production Dispute” published in Post Independent, March 2018.

Big Oil & Gas Go After CO Counties for Abatements and Refunds

August 28, 2018

Big oil and gas companies appear to be the latest entities focused on finding legal ... Read more