Suit filed against RTD

By GENE DAVIS – January 31, 2008

Denver Daily News 

 

Three metro Denver property owners held a press conference yesterday in Lakewood announcing the start of a class action lawsuit against RTD to stop the agency from condemning their homes and businesses for private development.

 

The property owners spoke briefly outside of Pro-Tint Windows — a long-standing business at 1390 Wadsworth Blvd. Pro-Tint is one of the pieces of land RTD is attempting to acquire. The property owners feel their property is being unfairly acquired through eminent domain for RTD’s FasTracks program.

 

“This is a landmark Colorado case in eminent domain law,” said Robert T. Hoban, the plaintiffs’ attorney.

 

The 122-mile FasTracks light rail expansion project is scheduled for completion in 2017. It is expected to add 57 new transit stops, thousands of additional park-n-Ride spaces and 18 miles of additional express bus service.

 

Private development

 

The property owners allege RTD is using eminent domain to acquire land for private development — a practice attorneys say is against the law.

 

Husband and wife team Galen Foster and Kim Snyder, owners of Pro-Tint Windows, said RTD plans on using their property in Lakewood to build an eight-story building that they believe will be used as a “pad” site.

 

“No one’s stealing our crown jewel,” said Foster. “They won’t find enough Preparation H to get rid of us, period.”

 

The group of property owners is upset because they say RTD plans to acquire their land through eminent domain and develop it not just for light rail use but also for retail and commercial use as well.

 

While RTD will be paying fair market value for the land now, the group believes RTD will in fact be getting the land at a bargain compared to what it will be worth after it is developed. Some say they should be reaping the rewards of developing that land, not RTD.

 

Not so fast, RTD says

 

RTD spokesman Scott Reed, however, denies the claim that the district is taking extra land that would be of any financial benefit.

 

“RTD is only purchasing the specific property we need for the voter-approved

 

West Corridor transit project,” said Reed in a written statement. “We follow all applicable federal regulations and state laws, and we are not acquiring any additional property to accommodate private development.

 

Lawsuit

 

A lawyer representing the group of property owners sent a letter of intent to RTD last week notifying the district of the pending lawsuit. It will take as long as five weeks before the case heads to court. The group is hoping that a resolution can be reached before the case heads to trial.

 

Original link here.