Toll road bills again on legislative agenda

By Cherry Sokoloski
North Forty News

The prospect of a private toll road or "super slab" in Colorado raised a storm of protest during last year's legislative session, and the issue is back this year. Legislators will have to sort out what's in the best interests of the state, and they will hear lots of competing voices as the legislature convenes this month.

The big question is whether it's proper for private companies to condemn other people's property for a toll road. Plans are under way to reintroduce legislation this year that would prohibit a private company's use of eminent domain and also ensure that a private road would go through a rigorous planning process.

Last spring, plans came to light for a 210-mile private toll road to be built from Wellington to Pueblo by Front Range Toll Road Co. Loud public protest quashed one bill that would have made such a road more lucrative. Two bills restricting private roads and eminent domain were vetoed by Gov. Bill Owens, even though they had wide support in the legislature.

Since then, other companies have also filed with the state to build private toll roads in Colorado.

An interim legislative committee worked on the issue last summer and decided to sponsor two bills again, similar to last year's. Rep. Jack Pommer, D-Boulder and chair of the committee, will carry the house bill, while Sen. Tom Wiens, R-Castle Rock, will sponsor the senate bill. The senate bill would prohibit a private company from exercising eminent domain. The house bill would ensure that any private road goes through a planning process, including an environmental review and a serious look at alternatives.

Pommer said he would try to work out compromises this year to avoid vetoes by the governor. "I would prefer not to have a political fight over it," he said.

Some of those compromises are likely to involve the Colorado Department of Transportation, which is short of funds and doesn't want to rule out the possibility of private companies building roads in the state. Herman Stockinger, a CDOT lobbyist, said he believes the private use of eminent domain is appropriate if it can be shown that a project meets a public need.

If private use of eminent domain is ruled out, Stockinger said, another alternative would be public/private partnerships in the building of roads. Under such an arrangement, the state would put projects out to bid. Private funding would be used, with public oversight of the project. When completed, the road would be a state highway.

Stockinger explained CDOT's position: "We have a huge funding need, and we need to maximize every possibility, including private investment. We need to have the ability to consider that." He said CDOT will not support legislation that closes the door to private investment.

State Sen. Bob Bacon, D-Fort Collins, said he expects a flurry of bills concerning the private toll road issue. "I'm sure something is going to be passed the first half of the session and the governor is going to have to make a decision," he said. He also noted that legislators sense "a bad smell about allowing private individuals to use eminent domain."

If the governor again vetoes private toll road measures, it's possible that the legislature will send a referendum to the voters, Bacon noted.

A new organization, Colorado Citizens for Property Rights, plans to fight the use of eminent domain by private companies, for toll roads and other purposes. Steve Rowe, a CCPR board member representing northern Colorado, said the group fears that private toll roads will become corridors for foreign trade zones, with no oversight by the state of Colorado.