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RTD condemnation splits board

Some displeased with handling of eminent domain

By Kevin Flynn, Rocky Mountain News (Contact)

Published January 23, 2008 at 12:30 a.m.

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Rep. White wants to draw a clear line.

Rep. White wants to draw a clear line.

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The RTD board showed division in its ranks Tuesday night over how the transit agency is using property condemnation for FasTracks projects.

The disagreement came hours after several legislators announced a bill that would limit RTD's ability to commission private development on land it acquires through condemnation.

And it came on the heels of the third monthly meeting in a row in which property owners along the West Corridor light rail project and their supporters spoke about how they are being treated.

"There's got to be a more creative way to be fair to the people who own property," board member Barbara Yamrick said.

"I am not against eminent domain," O'Neill Quinlan said. "My objection is how we're doing it."

The two voted against a resolution authorizing RTD to proceed with property acquisitions for the West Corridor, which passes 12 miles through Denver, Lakewood and Golden. But some of the other 13 who voted yes also expressed qualms.

Earlier, Lakewood business owner Galen Foster complained to the board about RTD's intention to acquire his home and shop at Wadsworth Boulevard and 14th Avenue. A 1,000-car transit garage has long been planned on that block.

But Foster said RTD's plan to solicit developers to build the garage in exchange for development rights for a high-density project on his land is unfair.

"It's caused us a lot of stress," he said.

A bill at the Capitol, to be sponsored by Rep. Al White, R-Hayden, Sen. Lois Tochtrop, D-Thornton, and Rep. Ken Summers, R-Lakewood, would prevent that. Earlier Tuesday they said their measure would prohibit RTD from developing anything but transit- related improvements on land it gets through condemnation.

"Economic development is not a good enough reason for government to take private property from citizens," White said.

Cal Marsella, RTD general manager, pledged to the property owners and board members that the agency would treat them fairly.

"My obligation to you," he said, "is to be as fair and equitable to you as I can," he said.

But RTD says it ought to be able to allow commercial redevelopment on station sites if local zoning permits it.

Marsella said such private partnerships can save taxpayers money as FasTracks, which is over budget, is built out. Developers can build the transit garages for less than RTD if they are permitted to include other development in the deal.

Board member Barbara Brohl said how much RTD can build or allow is at issue. Current law limits RTD to commercial and retail shops that serve transit riders and doesn't encourage customers who come by auto.

"I got the sense that the biggest issue for (Foster) isn't just that we're taking his property, but somehow that we're going to benefit from it," Brohl said. "If we're going to put condos and all these other things on it too, that's what ticks him off."

flynnk@RockyMountainNews.com or 303-954-5247

Comments

  • January 23, 2008

    6:11 a.m.

    Suggest removal

    jacka writes:

    RTD uses hidden costs, taxes, fess, and takings to move their agenda forward. What is the real cost to the people for RTDs FasTracks?

    What are the RTD related fees on you power, telephone, cable, gas, water bills? What are the municipal budget costs related to RTD?

    They are gentfifying for higher density-lower cost homes near their stations. TOD vs neighborhood oriented development.

  • January 25, 2008

    1:31 a.m.

    Suggest removal

    margie writes:

    unfotunately it appears that rtd, lakewood city council and the investors are all working together to develope their dream of what the public wants. I'm not sure the public realized when they voted for this project they thought that they would also devistate the lives of property owners along the track or maybe they just thought it was our duty to give up our land for their public use. The way they can get away with this is to go into partnership with each other and then threaten eminent domain so that their idea of TOD can be accomplished to increase revenue and taxes to pay for the project while leaving those of us along the line to wait and worry daily not knowing just when AND WHICH ONE OF THEM WILL ATTACK 1st. We should be allowed to know how to get along with our lives and be paid for this devistation and move out of Lakewood if we are really not wanted as citzens there any longer.