Foes fight RTD land seizures

Legislative bill would allow eminent domain only for transit, not commercial projects.

By Jeffrey Leib

The Denver Post

Article Last Updated: 01/23/2008 02:04:28 AM MST

 

Colorado lawmakers are proposing to curb RTD’s use of eminent domain for new transit lines after complaints that the transit agency is taking some private property and then promoting other commercial development on the same site.

 

“Economic development is not a good reason to take private property from citizens,” said Rep. Al White, R-Hayden, on Tuesday after outlining a bill he is co-sponsoring that would allow the Regional Transportation District to take property only for “public transit purposes.”

 

White and fellow legislators are pushing the measure after RTD said it aims to take properties near Wads worth Boulevard and West 14th Avenue in Lakewood for a parking structure on its west light-rail line.

 

RTD wants a four-story, 1,000 -space parking garage on the site, but the agency plans to look for a developer who will deliver the parking spaces to RTD in exchange for the rights to build commercial space as part of the parking-lot project.

 

“We don’t acquire more than we need for transit” purposes, said RTD spokesman Scott Reed.

 

The agency can save money “if there is an opportunity for a private developer to build something into or on top of a parking structure or station,” he added. Lakewood has rezoned the land to allow up to an eight-story structure.

 

But Rep. Ken Summers, R-Lakewood, a co-sponsor of the new bill, said RTD was “overstepping its bounds” by promoting high-density commercial development.

 

Jeffrey Leib: 303-954-1645 or jleib@denverpost.com 

 

View published link. 

RTD Board Meeting

Come and show your support for Colorado property rights.

Tuesday, January 22 – 5:30 P.M. 

1600 Blake St. (16th and Blake, LoDo)

Room R, T & D 

RTD calls railroad’s property too pricey

by John C. Ensslin 

RTD officials said Wednesday they’ve broken off negotiations with the Union Pacific Railroad on a proposed rail maintenance facility and parts of a Smith Road railroad alignment after concluding the asking price exceeded the FasTracks budget.

The decision will require some re-adjustment to the route of RTD’s planned line to Denver International Airport. But it should not significantly alter any of the other planned FasTracks routes, RTD officials said.

“The basic corridors will remain the same,” said RTD spokesman Scott Reed. “This has more to do with the maintenance and internal operation functions than with the route of passenger lines.”

RTD will continue to negotiate with Union Pacific on other substantial pieces of property, according to RTD General Manager Cal Marsella, who characterized the on-going negotiations as “positive and constructive.”

“However, we have no choice but to re-examine other alternatives for some segments to arrive at the most cost-effective program,” Marsella said.

RTD officials would not disclose how much money Union Pacific wanted for the properties, which include UP’s 36th Street rail yard plus the western portions of the Smith Road alignment along RTD’s East Corridor.

That will force RTD to go back and re-examine some alternative routes for service to DIA, said RTD spokeswoman Pauletta Tonilas.

“I think the big picture is we’ll continue to work with Union Pacific,” she said. “We had been working on a package deal with them. The package is cost-prohibitive, but that doesn’t mean the whole package is off the table.”

FasTracks is a voter-approved 12-year-program that will expand rail and bus service through the eight-county district, including six new commuter rail- and light-rail corridors and extensions to three existing corridors.

ensslinj@RockyMountainNews.com or 303-954-5291

View Publication Link 

Picketers take RTD to task

RTD employee called protesters ‘freaks’ at meeting; FasTracks coordinator agrees .Brenda Crespin stood outside the Regional Transportation District’s offices in downtown Denver on Dec. 18, holding a sign that read: “Stop the abuse of eminent domain.”The group also attended the meeting and spoke during public comment, much to the chagrin of two RTD officials sitting in the audience.Liz Rao, assistant general manager of planning and development who is heading up FasTracks, expressed her displeasure with the group by sighing and agreeing with a fellow RTD employee who said, “Great, all the freaks.”Director Wally Pulliam broke from that sentiment in his reply to the picketers, saying he wants to openly communicate with them. He gathered the contact information for the umbrella group that organized the picketing, the Colorado Property Rights Coalition, and planned to personally meet with them to create understanding.”We’re taking property we need, but we need positive cooperation with all property owners,” Pulliam said, explaining the property is not for development. “We’ll take what we need for transit purposes only.”Crespin and her husband are likely to lose their business, BJ’s Used Jeep and Eagle Parts at 1195 Benton St. The only access to their 18-year-old business is an easement the couple has paid a dollar to use every year since establishing in Lakewood.The access was across the old trolley tracks, but now that is the same path the West Corridor Light Rail will run. Buildings on both the east and west block access from those points, and a creek closes them in from the south. The income from the business supports Brenda and her husband, as well as her son and his wife.”Without the income from that business, we can’t pay the mortgage on our two houses,” Crespin said. “The tracks are the only access to our property. It’s our only source of income.”Crespin said she and her husband are being forced to pay the costs of having to tear down their homes and properties by Jan. 25 to make room for the impending West Corridor light rail. RTD sent the Crespins two letters in July, telling them they had to clear all of their property, tear down the buildings and disassemble and properly dispose of fencing at their own expense.When Crespin spoke to the directors, she states a case the board had heard before.”Give us fair and just compensation for the property and any remaining inventory we have,” Crespin said. “All we are asking is for RTD to be honest with us and all the people along the line and give us all just compensation.”Crespin said Lakewood officials offered to let them build a bridge over the creek, but they also would have to build a road through Lakewood’s towers into the property, beautify it and insert a bike path.Crespin has tried to find other property, but the least expensive she could find would cost $750,000 with no building on it. She would have to move the business out of Lakewood to find a place with enough space for the used parts.If agreements are not reached by set deadlines that vary depending on construction timetables, the property owners may end up going to court to protect their properties or face condemnation.View publication link.

SPEAKOUT: RTD going too far

By Bob Hoban

Published in the Rocky Mountain News 

Is RTD a Regional Transportation District, or is it a Regional Redevelopment District?

In 2004, RTD voters approved a light-rail transportation project, but not a large-scale redevelopment scheme headed by RTD. The FasTracks transportation project will undoubtedly provide the Denver metro area with invaluable services, and transit-oriented development will likely change the landscape and economy in certain areas accordingly. However, RTD is a transportation district - not a redevelopment authority - and it should not be permitted to unilaterally define/change its scope and authority at the expense of private property rights across the state of Colorado.

In recent weeks, there has been a tremendous amount of media attention regarding RTD’s land-acquisition efforts for its proposed FasTracks light-rail lines. Generally speaking, it appears that RTD is taking great liberties with its land-acquisition powers concerning FasTracks.

RTD has condemnation powers arising by Colorado statute that are limited to acquiring property through this ugly process for transportation systems and related transportation facilities. However, RTD’s unabashed desire to facilitate transit-oriented development along its corridors and adjacent to its park-n-Ride facilities along these proposed corridors has inspired it to make an entrance into the development business.

One can argue all day long whether the market will drive transit-oriented development to these transportation facilities, or whether it is the role of governments to facilitate conditions that will accelerate or especially encourage transit-oriented development. However, it is very clear that RTD is attempting to expand the scope of its operations and authority to encompass operations that far exceed the oversight of a mass transportation system (see Colorado Revised Statues 32-9-107).

RTD is doing everything it can to unilaterally broaden its land-acquisition powers to encompass land acquisition for such purposes as the development of commercial, retail and residential transit-oriented development. In particular, RTD has drawn up “preliminary site plans,” which generally depict its purported land-acquisition needs for the purposes of developing its park-n-Ride facilities.

However, even RTD has acknowledged that these “preliminary site plans” are not to be relied on and may be entirely changed after the land has been acquired (through eminent domain where necessary) and after a Request for Proposals has been initiated and awarded to a selected developer.

In other words, RTD plans to afford its selected developers considerable latitude in designing and constructing these RTD park-n-Ride facilities, including the incorporation of commercial/residential “amenities” into the site plan.

RTD has further indicated that it plans to allow these selected developers this “flexibility” as a “incentive.” In other words, RTD plans to allow its selected developer(s) to provide revenue-generating “amenities” to its riders at its transit facilities. These “amenities” might include food service businesses, service-based businesses, and/or residential units.

RTD appears to be drastically stretching the term “amenity” to include large-scale transit-oriented development vs. simply providing its riders with a newsstand (or the like) that is typically found at RTD’s transit facilities.

To allow RTD to acquire property based on an illusory “preliminary site plan” with intentions to allow a selected developer to profit from commercial/residential development within property that was supposed to be acquired for a transportation-related “public use” is tantamount to allowing RTD to proscribe its own authority, scope and parameters.

RTD’s efforts in this regard need to be examined very closely and its purported efforts to expand its condemnation powers during the upcoming legislative session also need to be viewed with great scrutiny. Otherwise, the Colorado Constitution and the Colorado Revised Statutes are rendered mere optional guidelines.

Coloradans should not sit idly by in the face of such a power grab.

An attorney, Bob Hoban is a partner at Frank and Finger, P.C., in Evergreen (www.frankandfinger.com) and specializes in eminent domain, land use and real estate litigation.

Broncos tailgaters boo RTD

Published in the Denver Daily News
By PETER MARCUS - December 9, 2007
Some Broncos fans wanted more than just the heads of the Kansas City Chiefs yesterday. Over a dozen tailgating fans called for Regional Transportation District officials to sit down at the bargaining table before grabbing the building that is home to Bronco Nation’s greatest tailgating hub.

After providing Broncos fans for years with a gathering place to cook around fold-out propane grills, enjoy spirits from a full bar and watch Broncos highlights on a flat-screen TV, Orange Force One stands to lose its garage at Howard Place and Decatur Street near Invesco Field at Mile High.

Since 2004, fans here have celebrated their part in Bronco Nation inside and around the old New Jersey transit bus. The enormous orange bus had nearly a million miles on it when 33-year-old Steamboat Springs resident Steve Fesch remodeled it into a mobile heaven for Mile High sports fans.

Now Fesch stands to lose the property he uses to house the bus, as RTD has conflicting plans for its FasTracks West Corridor expansion project.

“We’re here at the Broncos game trying to have fun, but I’ve had better days,” explained Fesch as he stood with a group outside Orange Force One yesterday before the game. “I’m losing my property to RTD. It’s been a little rough on my life.”

Needed for West Corridor

On Sept. 24th, Fesch received a letter from RTD explaining that they need his property for the West Corridor and that he would be forced to sell under the rules of eminent domain. He says RTD refused to compromise when he suggested that the district only purchase part of the property for its project.

Fesch said he would one day like to open a restaurant at the location, adding that once the light rail project is done the location will be a prime piece of real estate.

RTD spokesman Scott Reed said the district has tried on multiple occasions to strike a compromise with Fesch, but that they have been unable to bring the opposing parties to the table.

“We have repeatedly told him that we’re more than happy to discuss this,” Reed said. “I find it interesting that he is organizing rallies rather than meeting with us.”

16 others received letters

Fesch is one of 16 property owners who received similar notices of intent to acquire land for its West Corridor. The district is expected to make as many as 130 acquisitions in total.

Lakewood couple Galen Lee Foster and Kim A. Snyder have joined Fesch’s fight against RTD’s intention to grab land long the West Corridor.

Foster and Snyder received a letter form RTD informing the couple of its intent to acquire their home and business at 14th Avenue and Wadsworth Boulevard.

The husband-and-wife team have lived there and operated an auto glass treatment center out of the property for the past 23 years.

“We just can’t get any answers out of these people,” Foster said, while surrounded by people holding posters that read, “Honk for property rights,” and “Eminent domain, or land grab?”

“These people want us to go away for a lot of money, but we’re not going to change our life,” continued Foster. “If they take our home and our business, that will change our lives forever.”

Compromise sought

Both Fesch and Foster want to compromise with RTD so that the district allows them to keep ownership of parts of their property. Both said they would work with RTD officials to develop property that is appropriate for the light rail expansion.

“What I want to do is save the taxpayers money. I want to sit down and work something out — they don’t have to purchase the whole property,” Fesch said. “This doesn’t have to be a win-lose, this can be a win-win situation. I’m in favor of light rail, but I’m also in favor of property rights.”

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Steve Fesch’s Response:

What Scott Reed of RTD said is simply not true. RTD has promised time and time again to sit down and talk but I HAVE NEVER been contacted by their office until 10:53 AM this morning (Monday, Dec. 10th). They have never offered me any explanation other than “Steve we will give you “market value” for your parcel“. That is their idea of compromise? First of all their idea of “Market Value” doesn’t even include the value that Light Rail brings to the area. You see in the literature they send you that public works projects are not included in appraisal process. How is that possible? How can a mass-transit station near my property with 30,000 projected riders not effect a COMMERCIAL corner that I own and plan to develop MYSELF?

When RTD did call this morning, the first thing I told them is that they needed to retract this statement:

“RTD spokesman Scott Reed said the district has tried on multiple occasions to strike a compromise with Fesch, but that they have been unable to bring the opposing parties to the table.” That could not be further from the truth. If you look at the Rocky Mountain News article, if you heard me on KHOW radio (Tom Martino show), I’ve been saying it over and over. I want to work something out with RTD instead of being told to “Expect our market value offer”. It doesn’t have to be this way as I have plenty of ideas TO SAVE THE DENVER TAX PAYERS MONEY.

I DO NOT WANT TO SLOW THE LIGHT RAIL PROGRESS DOWN. What I want is a chance to explain my side of the story and I WANT A FULL EXPLANATION from RTD as to why they are even trying to take my land. I still don’t understand it. They say they need it for a road and drainage. I don’t understand why they need all of my land. The road/drainage plan only calls for a small strip of my land. They tell me that if they take what the need that the remainder will not be “economically viable”. I’ve been told by the Denver city planners that they are willing to work with me on any remaining land. This is why I need to get Denver, Myself and RTD to the table. I believe that we can work something out. It doesn’t have to be RTD wins and Steve loses.

None the less it “appears” RTD is FINALLY going coming to the table. I’m not sure what that means but they did say they are contacting the Mayor’s office to check his schedule. From what RTD told me, the Mayor will be at this meeting. I sure hope so as my land IS IN DENVER, my land is ACROSS the street from a 5 acre parcel owned by the city of Denver. DENVER has a role in this and there is NO REASON for Denver not to participate in the negotiations. As long as I’ve own the property I haven’t had any drainage issues on my parcel.

I have a 10:00am slot on Tuesday Dec 11th on the Tom Martino show http://khow.com/main.html . Tune in to listen! I’ll either have positive things to say about RTD and the progress or more of RTDs refusal to come to the table. As I said earlier as of this morning they said they will let me know by the end of today. We’ll see…..

Thanks to all those that attended the pig roast on Sunday it was a blast! My next tailgate is planned ALL WINTER long downtown if RTD refuses to work with me. I plan on protesting everyday by myself or with other people who are concerned about property rights. I’m in the process of converting my Broncos bus www.orangeforceone.com into the www.eminentdomainsucks.com BUS later this week. If you happen to see me infront of the Capital building, The Mayors building, or RTDs building stop in and say hello. Just look for the big orange bus.

Thanks for the support from the readers and posters on this site.

Steve Fesch

RTD light-rail officials are told where they can get off

Property owner lets fly at meeting on RTD seizures
By Kevin Flynn, Rocky Mountain News
Originally published 12:30 a.m., December 5, 2007

An RTD session with property owners being bought out for the FasTracks West Corridor dissolved into vitriol Tuesday evening when one owner pounded on the table and said he would die before leaving his longtime home and business.

Galen Foster, owner of Pro Tint at Wadsworth Boulevard and 14th Avenue in Lakewood, was the first of three owners the Regional Transportation District board agreed to hear during a committee meeting on how the agency is using eminent domain to acquire properties for the light-rail project.

He was also the last.

Foster’s property is the selected site of a half-block 1,000-car parking garage to serve the Wads worth Station. But Lakewood and RTD have discussed other plans that would add retail, residential and commercial structures on the block.

One city rendering of the concept shows a five-story office building on Foster’s parcel rather than a transit garage. RTD is limited by law in what commercial facilities can be on its property. They can only serve transit riders and not the general customer base.

After asking unsuccessfully that security guards leave the room, Foster faced Cal Marsella, RTD general manager. “Can you promise everyone in this room right now that our corner will not be high-density housing with retail below?” he asked.

“Yes,” Marsella replied, but quickly added that the agency will seek proposals from developers to build the garage, and the result could be more parking, some retail and commercial space, as well as residential, if the legislature next session amends the law to allow it.

“It’s possible that could happen,” Marsella said.

That was all Foster needed to hear. Raising his voice and at one point pounding the table as he stood, his wife, Kim Snyder, seated behind him, Foster said he will never leave his property.

“I’m willing to fight for it and I’m willing to die for it,” he said. “We will become all of your worst nightmares.”

With voices rising and Foster tossing in a few profanities, board member Juanita Chacon gaveled him out of order and immediately called for a scheduled executive session to discuss the eminent domain cases.

“You’re all out of (expletive) order,” Foster said.

That left two property owners without getting their say.

One, Steve Fesch, spoke with Marsella later, and they agreed to discuss alternatives to taking Fesch’s entire property near Invesco Field.

The other, Dave Crespin, owns a Jeep parts business at 11th Avenue and Benton Street. The only current access to his property is by crossing the future tracks, and RTD served notice he won’t be permitted to cross as of Jan. 25.

Crespin said later he’s been unable to find another location or arrangement. He said RTD told him previously that it would assist him when the time came - but now won’t help, even though future plans show RTD may need to buy some of his property for a bike path alongside the tracks.

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Steve Fesch’s Response to the Article:
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That article just about sums up how the last RTD meeting went down. I would like to say that Mr. Galen Foster is not only losing his home he is losing his business! I can’t imagine losing both of those at the same time. I wish the best for Mr. Foster and hope that RTD is willing to work with them as it seems they are finally willing to work with me.

I’d like to thank Mayor Hickenlooper’s office for agreeing to set up a meeting with myself, RTD, and the Mayor’s staff to discuss alternative resolutions other than me being forced to sell my entire parcel. There are plenty of other options and I think FINALLY the system is working.

Since I got my letter of intent by RTD to purchase my land I’ve suggested dozens of ideas to where I could work with Denver, RTD, and my land to where it can be a WIN-WIN for all parties. I believe it can be achieved. It doesn’t have to be one-sided at all, but since Sept 24th, 2007 it has felt that way.

To all those who’ve stepped up with comments and support I can’t thank you enough. I believe it has helped.

I’d like to thank RTD in advance for giving me a chance to sit face and work this out. I think you’ll find that I’m a reasonable land owner/developer who can achieve the vision of what RTD needs and develop my corner with the vision of the TOD plans of Denver and RTD.

TOD is transit oriented development. TOD needs land owners like me with the expertise in development. Why turn my land over to someone else to develop when I’m capable of that myself? It only makes sense.

Denver has always been a Broncos town. This is Broncos Country and MY CORNER will reflect the great history of our town, team, and people.

My corner is Broncos Country. I look forward to meeting with RTD and members of the mayor’s office to work this little issue out. I’m ready to get to the table NOW!

—TAILGATE INFORMATION—

All are invited to attend the pig roast at my parking lot/property this Sunday. The festivities begin at 9:00am sharp! OrangeForceOne will be there, a 100lb pig will be there, a DJ will be there, and plenty of great Broncos fans so come join the fun!

Thanks,

Steve Fesch
Owner of 2750 W 14th Denver Colorado 80204

Go Broncos! Beat the Chiefs!

Sketch Updates

As per reader feedback, we have added details to the following image. This sketch outlines the location of our property in relation to the RTD project. You will see that our parcel is quite a distance from the LightRail station, the tracks DO NOT go through our property and they do not require our entire parcel in order to complete the project.

Click here to view full-size image.

The updated satellite image shows our parcel in relation to our neighbors. You will see that we are the only private property owners in the area. There is plenty of RTD, Denver and Invesco land to where we shouldn’t be the only once losing land in the road-widening project.

Click here to view full-size image.

How You Can Help!

RTD Board Meeting. Tuesday, Dec 4th at 5:00pm. 1600 Blake St.

Hey everybody I have some news. Maybe the lines of communication have opened up?

Your comments on my blog have made a difference. I’ve been in contact with Mayor Hickenloopers office and RTD lately. RTD (light rail developers) have called a special meeting to discuss the eminent domain issues because of the recent public outcry by myself, other land owners, and you guys.

The Mayors office agreed to be at this meeting along with the directors of RTD. I’m going to be there, the media is going to be there, other land owners are going to be there.

What I need is some Broncos fans to be there as a sign of support. The meeting is downtown Tuesday March 4th 5:00pm at 1600 Blake St in LoDo.

It’s a public hearing and ANYONE is welcome to attend. After the RTD board meeting I’m going to be meeting with the mayors office, RTD board members, and directors of RTD.

This is a big step because up until today the only information RTD has really given me was “Steve get your appraisal done because we are going to send you an offer on all of your land”.

Go Mayor Hickenlooper! Here is a pic of him on OF1 a couple years ago. He says he’s a Broncos fan. I’m starting to believe it!

From what I’ve been told the Mayor does not have any authority over RTD but I’d like to thank him for at least granting me a meeting with him a few weeks ago to listen to my case and to call a meeting between myself, RTD, the mayor’s office next tuesday. This is the way things are supposed to work. Getting a letter in the mail that says “your land is being purchased by us RTD” isn’t exactly a warm way to open up a discussion about taking someone’s home/land away now is it?

If you think you can make it please let me know. I need a bunch of Broncos jerseys in the background!

The fight for the tailgate spot is not over it’s just now beginning! Maybe lines of communication are finally open after TWO LONG MONTHS OF BEGGING FOR INFORMATION FROM RTD.

Thanks to everyone who has expressed concern for private property rights in Colorado on this blog. Now it’s time to stand up and be counted at this meeting!

— TAILGATE INFORMATION —
Denver Broncos vs Kansas City Chiefs tailgate
Location: My tailgating lot at the corner of lot M.
Party kicks off at 9:00am!
We’ll be doing a Pig Roast so bring your appetites! All are welcome to attend!

Go Broncos!

RTD approves $225 million of spending for FasTracks work

Property owners bristling over eminent domain.
By Kevin Flynn
Originally published 12:30 a.m., November 21, 2007, Updated 04:07 p.m., November 21, 2007

The Regional Transportation District kick-started FasTracks work Tuesday night by approving nearly $225 million of spending, while critics kicked right back over RTD’s use of eminent domain.

The RTD board approved a $187 million no-bid contract with Siemens for 55 new light-rail cars, $29 million for early construction, steel fabrication and copper procurement on the West Corridor light-rail project and $8.7 million to buy all the rail and ties for the 12-mile line.

RTD also announced Tuesday that the Federal Transit Administration has approved the revised West Corridor environmental study, including a controversial cutback to a single track for the last four-mile segment to Golden. But before taking those matters up, the board was confronted by property-rights advocates and several property owners along the West Corridor who received notices in September that RTD intends to acquire their land.

Speakers condemned RTD’s process as one-sided and challenged the agency to work with them more closely to find ways both sides can come out ahead.

Although project maps have generally outlined properties needed for stations, park-n- Rides, tracks, sidewalks and other work, RTD’s policy has been not to discuss specific properties until it’s determined for sure whether they’re needed. But Tom Wambolt, of the Colorado Property Rights Coalition, said that creates a situation in which property owners aren’t brought in until the tail end, making it harder to negotiate any alternatives.

Instead, the first step owners see is a done deal.

Wambolt suggested RTD begin discussions with property owners earlier in the process.

Owners agreed. “I like light rail,” Steve Fesch said. “But the way I was approached, if this is the way you’re going to do it for the next 10 years, you’re going to have a lot of problems.”

Fesch owns a parcel at Howard Place and Decatur Street, near the West Corridor’s Federal Boulevard station and Invesco Field. He said no one ever told him his land was in the cross hairs for the project. “I am willing to work with you; I’m a reasonable guy.”

Galen Foster, owner of Pro- Tint window tinting at 14th Avenue and Wadsworth Boulevard, where he and his wife also live, was more blunt.

“I want you all to know we’re not trying to stop light rail at all,” he said. “But hide and watch. We want to get on board. But if you can’t work with us, we will slow this down or I’ll die trying.”

RTD General Manager Cal Marsella said the agency is willing to meet with the owners to discuss their concerns.