New legislation would limit private toll roads

By Cherry Sokoloski
North Forty News

The hard work of property owners opposed to plans of a private toll road company is bearing fruit. On April 22, a bill was introduced in the Colorado State Senate that would prohibit a private corporation from exercising the right of eminent domain to acquire rights-of-way.

State Sen. Tom Wiens, a Republican from Castle Rock and member of the Senate Transportation Committee, sponsored SB 05-230 in an effort to protect private property rights in Colorado. Related legislation making private toll road companies more accountable was expected to be introduced in the state House the following week.

Both Senate and House bills are in response to a plan by the Front Range Toll Road Co. to build a private toll road about 25 miles east of Interstate 25. The company wants to use a state law dating to the 1880s to obtain rights-of-way via eminent domain. In March, protests by landowners within the proposed corridor resulted in the state Senate tabling legislation that would have made the project more lucrative, by allowing the company to build a railroad and to sell the toll road assets.

SB 05-230 would allow a private corporation to enter into an agreement with a public entity, such as the state, to construct a toll road, but the private firm could not exercise eminent domain. The bill would also require the Transportation Legislation Review Committee to examine existing laws regarding private toll roads and to propose legislation for the 2006 session. The goal is to more clearly define the rights and responsibilities of a corporation in building a toll road.

In a letter to FRTRC president Ray Wells, Wiens said the state needs to maintain the option of private toll roads. "But if we are going to have private toll roads for use in Colorado's transportation future," he said, "we must take the time to do the work to do it right."

Many residents within the corridor have been concerned about their property values because of the current toll road plan. The most troubling issue, Wiens said, is condemnation of property by a private company. He said he could not support one individual being able to condemn the property of another individual.

"We need to go about this in a manner that is environmentally sound and protects private property rights," said Wiens. The proposed Senate bill will "hopefully remove the cloud that remains over homes, land and businesses - over 74,000 people in eastern Colorado."

Stu Hicklin of western Weld County, a leader in the fight against FRTRC's plans, said his citizen group, the Eastern Plains Citizens Coalition, worked with state Sen. Tom Wiens in drafting the new Senate bill. Hicklin said the 19th century toll road law "needs to be adjusted for this century," since the original law was drafted before automobiles were invented. The FRTRC project, he said, is "outside the original intent of the law."

SB 05-230 was expected to go to the Transportation Committee on April 26.