The Story
I own a property south of Invesco Field at Mile High. I was born in this town and have always been a loyal Broncos fan. In fact the Broncos fans voted my group www.orangeforceone.com tailgaters of the year in 2004 something that I am proud of.
A few years ago, I purchased the property you see on this website. At the time I didn’t even know the property was near a proposed light rail line. I found out about the LightRail station as I did more research and with that information, I decided to buy the property and pursue my dream of building a life and a business. I was told by the city of Denver that they had a vision of a LoDo atmoshpere similar to what you see surrounding Coors Field.
I purchased the property and signed a long tern lease with a very reputable and solid national company which now faces being removed from the property by RTD. The company that leases my place has spent thousands of dollars in preparing in upgrading the site to suit their needs and they are now in danger of being forced out.
I went to many of the public transit oriented development meetings over the last few years and never once was I told my property was in danger of being taken via eminent domain by RTD.
It wasn’t until sept 24th that I received their notice of intent to purchase my property. I bought it first and foremost because I’m a Broncos fan and I had plans to have a Broncos Themed sports bar, an office for my business, and a place to live.
It’s been almost 60 days since the initial notice and RTD has yet to provide me with clear information as to why they need to take all of my land. They are telling me they need to widen the road and approximately 40 sq.ft. of my property is in their path. I own 12,000 sq.ft. yet they tell me the rest of my land will be “uneconomically viable” to me even though the city of Denver has agreed to work with me on my development plans with the remaining land which is over 11,960 sq ft. I am willing to work with RTD to give them what is needed for the project, but as of recently I have been unable to get any response from them other than “we are pursuing the aquisition of your entire parcel.”
I’m in favor of the light rail project as I believe it is good for the community of Denver. However I believe that the power of eminent domain is being abused by RTD for their own interests and not the greater good of community. RTD could easily purchase the land they need from me and save the tax payers hundreds of thousands of dollars in extra land acquisitions and legal fees , but it appears they have their own agenda for my land which is a very prime piece of real estate surrounded by city, stadium, and RTD land. I’m the only private land owner losing land at the Decatur Station (to my knowledge), but there are a lot more parcels in danger of being condemned. Anyone who lives or works in the path of development is in danger of being effected. There are people losing their homes and business because RTD needs places to store construction materials!
The citizens of Denver need to know the truth about what is happening. I’m reaching out to the pubic to seek out others who are concerned about the property rights we have as Coloradans. I want Coloradans and Americans to know that our property rights are in danger. The way the current laws are written leaves a lot of room for governments to abuse the power of eminent domain and we need to speak-out about this.
Please take a moment to review the information I have on the site and leave a message. I will be updating the site with new developments.
Thank You,
Steve Fesch
Filed under: Uncategorized
I am glad you are speaking out about this. Anyone who owns property or plans to purchase land in our country should be concerned.
Steve,
Let me know what I can do for you brother! I will help out in any way you ned.
Jeff
You’ve got my support Steve, just let me know how I can help!!!
This story is concerning. The fact that RTD can take away one’s land at “market value” (or less than), and not even consider the earning potential is against everything that is American. Equally alarming is the fact that .3% of the land is what is in question. 40 sq ft of 12000 sqft and RTD feels they need to acquire the entire parcel. This reeks of RTD planning to use the law so that they can benefit from someone else’s dream. As a home and property owner in Colorado this causes me great concern. It is scary to believe that I could buy land as an investment opportunity only to have that land taken away. Good luck Mr. Fesch, I hope that some good comes of this.
Mr. Fesch,
The fact that you are willing to work with RTD to sell the 40 sq. ft. of land that they need is commendable. Other than personal greed, there’s no justifiable reason for them to take the rest. The American Dream is a spirit that few seem to possess anymore - a lost idea that once stood as the foundation of this nation. I’m glad that you have this spirit and I pray that you keep up the good fight - for all of us. We are still allowed to pray, right?
Their (RTD) job is to plan and build a light rail; it is not to determine whether or not the rest of your land is “uneconomically viable”! That’s why we have other government agencies. You should simply thank them for their concern and tell them you’ll take your chances! Since when has eminent domain ever been concerned with the people they are taking the land from? If they were so concerned, they wouldn’t try taking the land in the first place. Sometimes I’m ashamed to be a governement employee. Good luck in your fight.
This is clearly a case of the big business running over the little guy. If the RTD needs 40 sq feet, then that is what they should be entitled to. Taking over the entire property is a serious violation of the property owners rights in my opinion. Good luck on the fight.
You aren’t the only one. RTD is exercising Eminent Domain all along the west light rail corridor. Ask the guy at 14th and Wadsworth about it…
http://www.landgrabcolorado.com/
Mr. Fesch,
The fact that you are considering selling the 40 sq. ft. that RTD needs for their project is commendable. Other than personal greed, there’s no justifiable reason why they need the rest of your land. The American Dream is a spirit - an idea that once stood as the foundation of this nation. It’s also a spirit that few people seem to possess anymore. I’m glad you still have this spirit and I pray that you keep fighting the good fight. We are still allowed to pray, right?
Their (RTD) job is to plan and build a transit system; it is not to tell you that your land is “uneconomically viable”! That’s why we have other government agencies. You should simply thank them for their concern and tell them you’ll take your chances. Although, there’s no chance of it ever being that easy. If eminent domain was truly concerned about the people, it wouldn’t take away their land in the first place. Sometimes I’m ashamed to be a government employee.
One word of advice: research the budget for this project. It should be public information. The project may not be budgeted to purchase your extra land. If they weren’t appropriated funds through the state / feds to purchase extra land for storage, then they weren’t given the authority to acquire the extra land. If they do have funds appropriated for storage, check to see what the specifications are (i.e. how many storage areas, how far apart). Then, research the land they are acquiring within that radius to see if any other land was also purchased for storage. If they already have enough storage in your area, then technically, they shouldn’t have the appropriated funds to purchase you’re land. Purchasing you’re land would be nothing more than “government watse”, since they already fulfilled their storage quota with other land.
Keep fighting the good fight. Good luck.
bs, lets riot, no way this happens
Property rights are the foundation of all rights in a free society.
Nobody has permission to take your land by force, and the lawmakers shouldn’t be above their own laws.
If the government wants your land, they should negotiate like rational people, rather than savages who just take.
Steve,
Support coming in from western NY State. If there’s anything I can possibly do for you to help halt this injustice, by all means just let me know.
sucks, indeed.
Sorry to hear it Steve, i really like you’re spot there. If there is anything i can do, let me know i would fight for that land.
You might want to talk to a lawyer. Some of them have free consultation. Those RTD people WILL listen if you, Mr. Fesch, tell them “my lawyer said to this and that.” They might back down if they realize you’re re going to go the legal route.
I’d be willing to sign a petition or similar. Good luck to you.
-Jason
Just another case of Colorado law protecting big business while completely ignoring the rights of the individual citizen.
While i believe we live in the greatest state in the country, I also believe we have some serious flaws in our local legal system, and this case puts a much needed spotlight on it.
As always, I am happy to lend a helping hand, and God willing this is a fight that we CAN win, especially if we all unite to make each individual voice one collective LOUD voice.
Jake Meffley
An absolute disgrace to colorado natives and blatant abuse of power when it could be rectified very easily, heck you plan on making it a sports bar (which is there vision for the area) anyways.
(Just do the right thing RTD and work with Mr fesch and save the damn city some money for once instead of wasting it)
Meck let me know what I can do to help. I’ve done it before and will no doubt be happy to help you out again.
Thanks David.
Here is another property owner’s story. These people are losing their land to RTD because RTD wants to store materials for the project on their land. They aren’t even near the path of the rail itself. Why should the government be able to take their land for storage and resell their land to a private developer later?
Family prepares to fight RTD: Denver CO Mile-High News, 10/11/07
Couple’s business and home are slated for condemnation for West Corridor light rail
By Jennifer Gilbert
Galen Foster and his wife, Kim Snyder, have owned and operated Pro-Window Tint for 23 years while living in the attached house off 14th and Wadsworth. The couple received a letter of notice from the Regional Transportation District informing them that their property has been chosen for condemnation to make room for the West Corridor light rail.
They were eagerly anticipating the chance to turn their property at 1398 Wadsworth Blvd. into a retail space that they could rent out after their retirement.
Now, the couple is trying to hang on to the house and shop they do have. Foster and Snyder have lived in the ranch home and owned the attached Pro-Tint Window Tinting for 23 years.
They received a letter from the Regional Transportation District on Sept. 28 informing them that their property was one of 18 being condemned in the first round of eminent domain proceedings for the $635 million West Corridor light rail.
“If somebody would have just called, one human being to another, it would have been different,” Snyder said. “We were absolutely blind sided. Up until a month before, they were telling me, ‘We don’t know what we’re going to do.’”
RTD sent out 16 letters of intent in its two first batches, and eight properties were in Lakewood. Spokeswoman Pauletta Tonilas said RTD expects to send 50 total letters to property owners from Denver to Golden by December.
“These are notice of intent letters,” Tonilas said. “We identified these in the environmental assessment process as properties we would likely need for the project. Engineers do the design and certify the properties we actually need.”
When Snyder called RTD, she was informed her property would be necessary for staging purposes, but it would not be used for a station or parking. Tonilas said each property acquisition is unique, with some being used for sidewalks, stations, parking and other related needs.
Snyder and Foster had been eager for the light rail and the renewal it would bring, hoping it would allow them to realize their new retail space.
The couple has hired a lawyer before the first appraisal of their property, trying to save their house and business from being leveled for preconstruction staging projects.
“This isn’t about stopping light rail, and this isn’t about stopping eminent domain,” Snyder said. “I’m an intelligent woman. I understand RTD will need to use eminent domain.
It’s about stopping the expanding rights RTD and the government have over individuals and their property because of the abuse of eminent domain.”
RTD informed property owners in its letters that RTD will have companies hired by RTD appraise properties. It will also pay for an independent appraisal chosen by the property owner.
Property owners have 90 days from the date of the letter, Sept. 26 for Snyder and Foster, to get their own appraisals.
Bonnie Roerig is one of the appraisers hired by RTD. She also did appraisals on the properties in the Solterra Development.
She said a major part of her company’s appraisals are eminent domain condemnation properties.
“Our goal is to establish a property value that is fair to the property owners and taxpayers of Colorado,” Roerig said. “That RTD is the client has nothing to do with my appraisal. … It’s my opinion based on available, factual market value. It’s not intended to please anybody else.”
The problem for Snyder and Foster is that they do not want to sell. As Snyder pet Zoe, one of their two rescued Doberman pinchers, she said she and her husband were not hiring an attorney to get more money.
She and Foster’s shop, totem poles and all, has become a landmark in the city at the corner of 14th Street and Wadsworth.
“This is about me, my home, my family, my rescued Dobermans,” Snyder said. “We’re part of this community.”
The community has shown an outpouring of support for the couple. Everyday, at least one informational packet, attorney recommendation or caring message comes from someone.
Friends are holding a bake sale for the couple at the shop on Saturday, Oct. 13, to raise funds for the legal fees.
“We’ll never find another space where we can have a beautiful home attached to a business,” Snyder said. “I don’t feel that at this point in our life we should have to make this decision and start over at another location.”
Tonilas said the RTD engineers evaluated the best possible route to acquire the fewest number of properties necessary along the route.
The Pro-Tint store is the No. 1 tinting business in Colorado of its size and the No. 6 business of its size in the nation.
“Everything is corporate, and nothing is for the little guy anymore,” Foster said. “We as a community can take these big corporations and put them back in their place.”
Construction for the West Corridor is slated to begin in January of 2008. Foster and Snyder will continue to work at Pro-Tint and live in the accompanying house throughout the legal proceedings.
Steve,
What a disgrace in how the RTD is handling the process with your property. I am amazed but at how you are willing to negotiate on your end, yet their compromise is to obtain your entire property. At some point this law needs to be seriously revamped and maybe the city of denver is where it starts. Good luck and let me know if there is anything I can do to help.
“No man’s life,liberty or property are safe while legislature is in session” Mark Twain(1866)
Your support reaches to canada steve, if theres anything i can do to make sure that next year when rob and i finally make the trip out to denver we will be able to see the bus let me know.
Steve,
Hang in there buddy! Stay involved and let your voice be heard, along with all the other die hard Broncos Fans across this great nation. I believe your idea of working with the city is more than fair. The city should only buy out what they need and not take away your dreams. I want the city officials in Denver to know not only will they destroy your dream, but also take away from the Broncos Fans around the Country that stand by you, and enjoy all you do for all the Fans around the nation. Local government needs to realize the impact of their decisions. They fail to realize that those people that elect them to office, are the same one’s they take away from. Hopefully they realize that they do not have to shatter a man’s dreams, when he is being more than generous on his offer. We stand with you, let me know if there is anything else we can do Steve!
AZ! aka Jerry (Denver Broncos Fan Club of El Paso, Texas)
The thing I cannot understand is RTD’s inflexibility and unwillingness to negotiate or make any effort whatsoever to try to arrive at a mutually-acceptable compromise. Mr. Fesch has shown a great deal of willingness to accommodate the land requirements of RTD while still retaining a portion of the land which is beyond RTD’s needs. Since Mr. Fesch bought this particular parcel of land, he has used it as a meeting place for a large and diverse group of Denver Broncos fans, some of whom travel thousands of miles to attend football games. If RTD does forcibly acquire the entire parcel of land, these Broncos fans would no longer have a place to gather to tailgate. This, in turn, would negatively impact many Denver businesses (hotels, motels, restaurants,and stores) through the loss of tourist dollars.
In my humble opinion, searching for a compromise that perhaps could accommodate the needs of all involved parties would be a far better approach to the situation than simply using governmental authority to force private landowners off of their land with no regard whatsoever to their thoughts, wishes, or future plans for the land.
Hang in there friend …….. aka Spider
That TOTALLY sucks! Great media coverage tho’ with the RMN article, as it helps keep this darker side of city government out in the light instead of swept under the rug, which I’m sure they would prefer, Good job!
You know I’m on your side & whatever you need from me, is yours for the asking, seriously. We’ll talk this weekend on the slopes!
Steve,
As always, you have my support in anything I can do! You always so graciously open up your space for us out of towners that come out to Denver and contribute revenue to Denver! It is a definite draw to know that you’ve got a place to hang out for games that is a huge draw to bringing me back time and time again!
What happens with this will surely effect every area of our country! I’m definitely standing in support with you!
Steve,
It is a travesty to think that the RTD will not reason with you or any of the people that are affected by the eminent domain laws of Colorado. I feel that your offer to negotiate and sell the parcel that they require is more than fair.
I also understand that you and many others are striving to live and attain “your” American dream. It should not be possible for anyone person or government entity to pull the rug out from under your feet.
I URGE THE RTD TO ENTER IN AND NEGOTIATE WHAT IS REALLY FAIR TO THE INDIVIDUALS AFFECTED BY THIS AND FUTURE EXPANSIONS PLANS OF THE LIGHT RAIL SYSTEM.
As a citizen and 45 year taxpayer in the USA, please stop this nonsense and reason with Steve Fesch and others before you do ruin their American Dream!
Michael Ray (Crawdad)
Steve,
I wish you the best in this as you fight for our American rights as well as your dream. It has been awhile but we have met a few times at Bronco games and have spoken a few times and you always treated my family and friends with respect. I can only home that the government will do the same for you.
Eminent domain really blows. Can’t believe they are doing this. This is the type of governmental behavior that starts big problems. I hope you win this one man because they have no right at all to rip you off.
I wouldn’t be surprised at all if the politicians are benefiting from this somehow.
I think this is ridiculous, if you own the property, you should control what happens to it and how much it sells for, hopefully you could keep it, your restaurant idea sounds awesome and anything to clean up the area i am all for, i think every little step helps, i know some parts around the stadium need fixing up, and you look like the only one trying to do so, keep up the good work
Steve,
Are there any email addresses of authorities that we can send in letters of support for your cause? City council, Mayor, etc.
George