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— Retail Properties Quarterly — February 2015

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015 could shape up to be an

especially important year for

property tax purposes for

retail and commercial prop-

erty owners. There is a strong

likelihood that retail and commercial

property owners could see significant

increases in property tax valuations

given the improving real estate values

and general economic conditions in

Colorado over the last three years.

We have seen several indicators of

an improving real estate market and

strengthening economy. For example,

according to the Colorado Secretary

of State’s Quarterly Business and Eco-

nomic Indicators, state employment,

wealth and building activity signal

sustained economic growth; employ-

ment increased 2.8 percent year over

year in second-quarter 2014 (reach-

ing a new high of 2.4 million in June

2014); and annual foreclosure filings

and sales decreased significantly in

second-quarter 2014 (24.7 percent and

41.5 percent, respectively).

County assessors redetermine

property values every two years. This

two-year period is referred to as a

reassessment cycle. Under Colorado

law, county assessors are required to

value properties based on data from

an 18-month data collection period.

County assessors will revalue proper-

ties this year using a data collection

period of Jan. 1, 2013, to July 1, 2014.

The valuations for both years of the

reassessment cycle (2015 and 2016)

will rely on the same data collec-

tion period. As such, property own-

ers should pay particular attention

to their 2015 property tax valuations

when notices of valuation are issued

in May because absent unusual cir-

cumstances, such as

new construction,

the valuations prop-

erty owners receive

in May will be used

to determine their

property taxes for

the 2015 tax year

and for 2016 as well.

County assessors

may consider the

income approach,

the market

approach or the

cost approach to

valuation for retail

and commercial properties. The fol-

lowing is a brief explanation of these

three approaches to valuation, and

the impact of the data collected for

each approach on 2015 revaluations.

The Income Approach

Using the income approach, the

assessor calculates an operating

income, expenses and vacancy;

selects a capitalization rate; and

divides the net operating income

by the capitalization rate to deter-

mine the value of a property. Market

rents increased while vacancy rates

remained relatively low during the

data collection period. According to

the CoStar Group, the average rental

rate across retail property types in

Denver increased from $13.30 per

square foot mid-year 2012 to $15.07

per sf as of first-quarter 2014, and

the average vacancy rate across retail

property types in Denver was 5.9 per-

cent as of first-quarter 2014 (up slight-

ly from an average vacancy rate of 4.9

percent mid-year 2012). In addition,

cap rates continued to trend lower

during the data

collection period.

According to CoStar,

capitalization rates

ranged from 6.96 to

7.86 percent based

on approximately

14,500 retail sales

nationwide between

October 2013 and

September 2014.

Property owners

should expect that

higher net operating

incomes and lower

capitalization rates could result in

higher 2015 valuations.

The Market Approach

Using the market approach, the

assessor determines the value of a

property by analyzing the sales prices

of comparable properties sold during

the data collection period. Gener-

ally, the market approach is the only

approach to valuation permitted for

vacant land and residential property.

For 2015 revaluations, the assessor

will be using purchase and sale trans-

actions from Jan. 1, 2013, through June

30, 2014. There was a considerable up-

trend in retail and commercial values

through 2013 and moving into 2014.

According to CoStar, the average sales

price of office buildings 15,000 sf and

larger increased from approximately

$135 per sf at the beginning of 2013,

to a high of approximately $235 per sf

in third-quarter 2013, before declining

and leveling off at prices of approxi-

mately $160 per sf, which is still

higher than prices seen during much

of the previous data collection period.

As a result of the up-trend in real

property values, the application of the

market approach may result in higher

2015 property valuations.

The Cost Approach

Using the cost approach, the asses-

sor determines the value of a property

based on the anticipated development

and construction costs of the property.

Retail deliveries, construction and

inventory grew during data collection.

According to CoStar, a total of 772,057

sf of retail space was built in Denver

between third-quarter 2013 and third-

quarter 2014. There was an additional

379,028 sf of retail space under con-

struction at the end of third-quarter

2014, and total retail inventory in the

Denver market was 190.37 million sf in

14,065 buildings and 1,507 centers as

of the end of third-quarter 2014.When

the cost approach is applied, increased

construction activity and construction

costs during the data collection period

may result in high 2015 revaluations.

Look Carefully at Your 2015 Valuation

So, what should you expect in the

year to come? By May 1, 2015, county

assessors will mail a notice of valua-

tion indicating the valuation of your

property for the 2015 tax year. Based

on the discussion above, there are

good reasons to expect that your valu-

ation will increase this year, result-

ing in higher property taxes. Given

the likelihood of increases, it will be

particularly important to carefully

consider the accuracy of your 2015

valuation and whether a tax protest is

appropriate. For the 2015 tax year, the

deadline to file a property tax protest

is June 1.

s

Revaluation of taxes in a strengthening economy

Taxes

Nickolas J.

McGrath

Associate,

Greenberg Traurig,

Denver

Neil B. Oberfeld

Shareholder,

Greenberg Truarig,

Denver