Landowners ready for suit against RTD
By Kevin Flynn, Rocky Mountain News (Contact)
Friday, February 1, 2008
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Several property owners along the route of the FasTracks West Corridor light-rail line have filed notice with RTD that they intend to sue over what they claim are violations of their civil rights.
They say RTD is infringing on their property rights by seeking to condemn their properties for economic development purposes rather than transit, or by damaging their business interests.
The notice is a legal requirement prior to filing a lawsuit against a government agency.
The owners announced the start of their legal battle at the business of Galen Foster and Kim Snyder. The two own Pro Tint, an auto window-tinting business, and they also live on the property at the southeast corner of Wadsworth Boulevard and 14th Avenue.
"If anybody redevelops this corner, it should be my wife and me, not RTD," Foster said.
RTD has long targeted their block for a 1,000-car parking garage to serve the Wadsworth Station. But in recent months, conceptual plans have been developed by Lakewood that show the block hosting private redevelopment, including a five- story office building, retail shops and residential units.
Also, RTD has announced that it plans to seek private developers to build the transit garage there in exchange for the right to develop the unused zoning density on the block.
Bob Hoban, the attorney representing the owners, said he believes that would be illegal.
State law limits what RTD can build at transit stations to commercial or retail uses that serve bus or light-rail riders. Hoban said a large-scale office, retail and residential complex on RTD's Wadsworth Station flies in the face of that limitation.
"RTD is only purchasing the specific property we need for the voter-approved West Corridor transit project," RTD spokesman Scott Reed said. "We follow all applicable federal regulations and state laws, and we are not acquiring any property for private development purposes."
Steve Fesch, who owns a parcel with a small warehouse near Invesco Field and the proposed Federal-Decatur light-rail station, believes that RTD and Denver want his land to package in an eventual redevelopment. RTD says it needs his land for drainage work on the project.
A third property owner in the legal action, Brenda Perkovich, owns a Jeep parts business near the future Sheridan Station in Lakewood. RTD isn't taking any of her land yet, but her only access is across RTD's track right of way.
RTD will revoke the permit to get onto her property, effectively putting her out of business.
Comments
Posted by tesujidragon on February 10, 2008 at 10:11 p.m. (Suggest removal)
How does Hoban figure that any retail that went in would not be serving the commuting public? Of course, such retail cannot be limited to just serve commuters. But, I want to live at a station! The more retail the better.
My dream would be to live straight up the elevator from the grocery store. One that is very close to the light rail. I picture a station with at least one good coffee shop, restaurants, daycare and an electric car/moped rental place.
I feel many commuters would love to be able to get a cup of coffee while they wait for bus or train. I know I would. What about walking through the store on your way home (not a special trip) and picking up the freshest meats and vegetables for dinner.
Anyone who has been a parent understands why there should be a daycare. And, the electric car/moped rental is for when I want to go somewhere that is not easily accessible by public transit (like a date to a special restaurant).
I am handicapped. And, these things would enrich my life. I thought eminent domain was for the public good. This would eliminate the need for a car for many Denver metro residents, and help green Denver. The current landowners only have the right to be fairly compensated for their land in the condition it is in at the time of the condemnation. They don't have the right to ride the wave of value added from building up the public infrastructure.
A World Class transit system will benefit the entire state by adding value to the lives of many poor, handicapped and single parents. If RTD does not have the right to make World Class light rail and transfer stations, expand their power!
Posted by SteveFesch on February 15, 2008 at 7:40 a.m. (Suggest removal)
What about the dreams of the people that currently own the land. RTD could build around many of the properties being taken. They aren't being taken for the "greater good" of the public. They are being taken for the greater good of the developers and those that will profit on the land being taken.
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