Property rights advocates scored a small victory Friday, when the House Appropriations Committee approved a bill that will prohibit RTD from transferring private property obtained through eminent domain to another private owner for the purpose of any development not directly related to public transit.
TOD in Five PointsRTD
The media, Denver-area property owners and a bipartisan coalition of state legislators have been blasting RTD for abusing eminent domain laws. Yet despite the public’s consensus some lawmakers still aren’t sold – the bill narrowly came out of committee with a 7-to-5 vote.
RTD is lobbying heavily against House Bill 1278 because it restricts Transit Oriented Development (TOD), mixed-use residential and commercial construction which shares property with light rail stations. RTD supports TOD because it is in a position to profit from rent and other income generated in the course of developing the land.
Property owners threatened with eminent domain by the "FasTracks" light rail project claim the district plans to build transit-related facilities such as parking lots but then sell "air rights" above those facilities to commercial interests. In doing so, owners say the exercise of condemnation amounts to a transfer of land for private commercial development in violation of state law.
Bob Hoban, a Denver land attorney, says RTD is throwing every excuse imaginable to deter lawmakers from a yes vote. “They are making an effort to pull on people’s heart strings,” said Hoban, referring to RTD’s alliance with the affordable housing community.
Backers of the bill like Rep. Al White, R-Winter Park, are hopeful that lawmakers will see through RTD’s antics.
“Getting legislators to understand this bill is an uphill battle, but they are being receptive to our message, which is that RTD has no business providing Transit Oriented Development,” White said.
HB 1278 will have its second reading on the House floor early this week.
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