Rally protests abuse of eminent domain

By John C. Ensslin
Monday, February 18, 2008

About 90 people, several of whom have been on the blunt end of condemnation proceedings, rallied under snowy skies in Civic Center on Sunday to hold a tailgate party against what they see as government abuse of eminent domain.

They spoke about cases in Commerce City, Boulder, Lakewood and Denver, but the thread that ran through their talk was concern over the way in which cities and agencies such as RTD acquire property by condemning it.The rally - which featured a pig roast - was sponsored by the Colorado Property Rights Coalition.

Several people spoke in favor of House Bill 1178, a proposal that would prohibit RTD from condemning homes and businesses for commercial development.

“(RTD General Manager) Cal Marsella has been really good about staying on message,” said Lakewood resident Kim Snyder. “The voters did approve FasTracks. But they did not approve redevelopment.”

Snyder and her husband, Galen Foster, are among a group of property owners who filed a government immunity notice Jan. 31, the first step in filing a lawsuit to block the condemnation proceedings.

The couple has owned Pro Tint, a window-tinting business at West 14th Avenue and Wadsworth Boulevard, for 20 years. RTD wants the property for a new light-rail station. But the couple contends RTD plans to allow developers to build a five-story retail, office and housing complex on the property.

RTD spokesman Scott Reed disputed Snyder’s statements at the rally.

“We are purchasing the property needed for the voter-approved transit project,” Reed said. “We do not acquire property for private development.”

But opponents point to RTD’s plans to solicit developers to build a 1,000-car parking garage in exchange for development rights for a high density project.

Rep. Ken Summers, R-Lakewood, sponsor of HB 1178, said the measure “declares that how government proceeds in these issues is as important as what it does.”

“Eminent domain should not be a revenue-producing vehicle,” he added.

The bill comes up before a House transportation committee Tuesday, he said.

People at the rally gravitated either toward the speakers at the Greek Amphitheater or toward a large Bronco-orange bus that served as backdrop for a tailgate party.

On the other side of the amphitheater, people held up signs that read “Honk to Support Property Rights” and “Stop Eminent Domain Abuse.”

ensslinj@RockyMountainNews.com or 303-954-5291

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