Bill would limit RTD condemnations

By Kevin Flynn, Rocky Mountain News (Contact)

Originally published 02:46 p.m., January 22, 2008
Updated 02:46 p.m., January 22, 2008

A group of legislators is trying to stop RTD from turning any land it condemns for FasTracks into private development.

At a press conference this morning, Rep. Al White, R-Hayden, said a bill he is sponsoring would draw a clear line between RTD's right to condemn property for transit and its desire to turn some of it over for commercial development.

RTD says all of the land it plans to acquire is needed for its transit projects. But to save taxpayers' money, RTD also says it may seek proposals from developers to build some of those transit facilities in exchange for the right to build retail, office and even residential projects as part of the deal.

"Economic development is not a good enough reason for government to take private property from citizens," White said. If RTD takes land by condemnation, it shouldn't be allowed to let developers profit from it.

The issue has become controversial since September, when RTD sent out notices to 16 property owners along the West Corridor light rail project, the first FasTracks project to get far enough along for construction.

Four property owners affected by the project — two of whom got those notices — spoke in the chill air on the west steps of the Capitol. As it stands, the bill wouldn't prevent RTD from taking any of their land, but it would prevent RTD from letting developers build other projects on it.

"Basically what they're doing is an old-fashioned claim jump on us," said Galen Foster, who lives and operates a business with his wife on the corner of Wadsworth Boulevard and 14th Avenue in Lakewood.

The West Corridor went from $511.8 million four years ago to a new budget estimate of $634.3 million. To cut back those costs, RTD plans to seek deals with private developers to construct some of the station areas including parking structures while conveying to the developers unused zoning and air rights that go along with the land.

White and co-sponsors Sen. Lois Tochtrop, D-Thornton, and Rep. Ken Summers, R-Lakewood, say that's abuse of RTD's right of eminent domain.

RTD says it's not. If local zoning allows for higher density development at transit stations to take advantage of the location, RTD says it makes sense to let the private sector come in and build it — saving taxpayers money at the same time.

"Here's the downside," said RTD General Manager Cal Marsella. White's bill "takes away an opportunity for us to reduce taxpayers costs. It reduces ridership potential. And it doesn't allow for the zoning that local municipalities see fit to pass to get higher density near transit stations.

"You'd basically be eliminating the potential for infill development by saying it could only be parking facility."

RTD has long identified that block that includes Foster's land for a 1,000-car parking structure. But recently, conceptual plans by Lakewood for redevelopment of the larger neighborhood and RTD's desire to cut costs through joint ventures with developers have muddied the waters.

One idea drawn up by the city would split the parking to opposite sides of the street and use some of the land RTD acquires for commercial redevelopment. One drawing showed a five-story office building where Foster's home and business sits.

Steve Fesch, who owns property near Invesco Field, said RTD is taking it as part of a huge drainage redesign. If RTD wants to save taxpayers money, he said, it should find a way to accommodate the drainage work on land right across the street, which Denver already owns.

The other property owners, Leslie Fishbein of Kacey Fine Furniture and Brenda Perkovich Crespin of BJ's Used Jeep Parts said RTD's project isn't taking their land but is cutting off their businesses to the point they will have to close.

flynnk@RockyMountainNews.com or 303-954-5247