Independence Institute

Property Rights Project


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September 27th, 2006

Get involved in Property Rights in Kersey and Kiowa

From Rob Dougherty - Pueblo County

There are two meetings this week. The first is Wednesday. Sept. 27 at
6PM in the Platte Valley High School Cafeteria at
901 Campbell in Kersey, CO (east of Greeley.) The other is on Thursday,
Sept. 28 from 7-9PM at the Exhibition Hall of
the Fairgrounds in Kiowa, CO.


If you haven’t sent a “Not For Sale” letter to Jim Woodward yet please
do so. At the meeting Friday in Pueblo about 35
people signed letters representing more than 4,000 acres of land. I’ve
marked those on the map and we’ve almost achieved
the first total block of the corridor by owners who won’t sell. The
area west of Calhan in El Paso County is also
filling in. But we want to show more than blocked areas; we want to
show how many people are not willing to sell their
land for the toll road. Ask your relatives and neighbors in the
corridor to sign one. You can get the parcel numbers
from the letters sent out by the toll road company or look them up on
Stupidslab. Contact Jim Woodward or me if you need
assistance. The forms and directions are at
www.stupidslab.com/NotForSale.htm .


At the meeting last Wednesday in Galeton there were 300 + in
attendance. A pretty good crowd for a small farming
community. Many in attendance own property outside the corridor.
Sharon Croghan spoke on the history of Super Slab and
opposition, Bill Thomas on the physical aspects of a toll road, Rick
Brown discussed how we can use the legislation and
other means to stop the Super Slab and Mike Coan described how each
person could get involved to protect their property.

Weld County Commissioner Dave Long attended and spoke about the need
for commissioners to take a neutral stand on the
Super Slab, but at this point,the Super Slab is not a project they see
as viable. He discussed the meeting they had with
Ken Smith, Prairie Falcon’s spokesman, at which he mirrored
Commissioner Madsen’s account of the meeting. Smith brought
no real information about the project to the meeting with the
commissioners; PFPE has done no traffic studies, no
feasibility studies and in Commissioner Long’s opinion, have not
studied the route through Weld County very well. He
pointed out, with a nice map, which showed the corridor cutting through
prime irrigated farm land and an alternate route
only a few miles east, missing all the irrigated land, many county
roads and had half the number of property owners.
When asked why PFPE choose the route they did, reportedly their
response was this route gave them the grade they need
for the rail road. The route 5 miles further east, according to Weld
County engineers, has the exact same grade as the
current proposed route. Commissioner Long also said he believes the
PFPE route to be a moving target. “The corridor is
not set in stone and could be moved at any time, people on either side
of the 3 mile corridor should remain concerned”
explained Long.

Also in attendance was Scott Renfroe, candidate for Dist. 13 and Duane
Leise, candidate for Weld County Commissioner at
large. Neither spoke, but stayed around to answers questions after the
meeting. Both candidates have offered support for
our cause and encouraged corridor residents to stay organized and work
together.


Last Friday in Pueblo 100 people attended the meeting at County High.
Participants were Joe Pantaleo of Eastern Plains
Citizens Coalition of Pueblo, Robert and Gaye Thomasson of the High
Plains Coalition for Responsible Transportation
Policy and retired attorney Rick Brown, also of HPCRTP. They explained
the history of the Front Range Toll Road Company,
legislation passed in 2006 and what we should do to be ready for the
Super Slab’s future moves. The story from the
Chieftain is included below.

www.chieftain.com/metro/1158991200/3
‘Toll road warriors’: Just say no
By MARGIE WOOD
THE PUEBLO CHIEFTAIN
Three “toll road warriors” from Elbert County came to Pueblo Friday to
tell a crowd of about 100 people that they can
stop a proposed toll road from taking their land - if they just say no.

The Front Range Toll Road Co., now calling its project the Prairie
Falcon Express Parkway, sent letters to thousands of
Coloradans in seven counties in the last month, notifying them that
they are within a three-mile corridor where the road
may be built.

Gay and Robert Thomasson, retired teachers, and Rick Brown, a retired
lawyer, said the notices worried property owners.

“Ray Wells (the road developer) would like you to think it’s a done
deal,” Mrs. Thomasson said. “But it’s not a done
deal. Stay informed and whatever you do, don’t roll over. You can’t
walk away from it. If you turn your back, it will
happen.”

Robert Thomasson reviewed the recent history of the proposal and the
three laws passed in the Legislature this year to
put modern-day controls on a toll road builder. Most importantly, a
developer would have to meet the standards - and win
the approval - of the state transportation department in order to
obtain the state’s eminent domain power to acquire
property.

“If we use the tools we were given this year, this road will never be
built,” he said.

Brown explained that the road proposal would have to go through seven
regional transportation planning agencies and the
state commission, but even before that, the company would have to
complete an environmental impact study on the 210-mile
route.

“None of you can be forced to sell your land to the Super Slab,” Brown
said. “They could begin purchasing land
voluntarily if they had any money, but they don’t.”

He added that Wells has said he wants to include a railway and utility
corridors along with the highway, and that he
owns a rail line called the Flat Penny Railroad. Railroads do have
eminent domain powers in Colorado.

But Brown said, “If you’ve got a kid who has a toy railroad, he has
more of a railroad than Ray Wells has. Flat Penny is
a pretend railroad - it has no track, no rolling stock, just some
minutes of board meetings.”

He belittled the business model and prospects for success of the plan,
saying the Ports to Plains highway project
farther to the east makes far more sense.

“Can these developers be trusted to build the road and operate it in a
minimally competent manner?” Brown asked. “Based
on their dealings so far, we think not.”

The speakers urged landowners to sign a form letter to CDOT saying
their land is not for sale. Rob Dougherty of
Avondale, who operates the stupidslab.com Web site, is preparing a map
of parcels that aren’t for sale, and similar
efforts are under way in the other affected counties.

If a large number of owners stand up against the toll road, it will
make it harder for the developer to get investors
interested in the project.

Mrs. Thomasson added, “Contact your county commissioners and your
legislators, and let them know how you feel. Find out
how candidates in the elections stand on these issues. Get your
neighbors involved.”

Finally, she said, the toll road proponents will be advertising public
meetings, “and you should go to those meetings
and tell them how you feel.”


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September 14th, 2006

CDOT’s position on eminent domain along Super Slab Route

From Rob in Pueblo:

CDOT’s statement that they would only condemn land if the Super Slab
had first bought “the vast majority” of the land
from willing sellers gave Jim Woodward of Wellington an idea. He has
drafted a letter for landowners in the corridor to
fill out and sign stating that they have no intention of selling their
land to the Super Slab. Jim will collect the
letters and
present them to CDOT and I will color in those parcels on maps. The
ranchers around the Army’s Pinon Canyon Maneuvering
area in southern Colorado did this to show that the Army was lying when
they said they have lots of willing sellers
lined up. The Army uses this area for war games about 2 weeks out of
the year and they want to expand it from 250,000
acres to 1 million acres. The opponents must have 500,000 acres filled
in as unwilling to sell. You can see their
results on the Maps page at
www.pinoncanyon.com

Use the link at the top of the www.stupidslab.com page to download the
“Not For Sale” letter and see an example of what
a map will look like. You can get your parcel numbers off of your
notification letter from the toll road company or from
the list on the corridor map pages at www.stupidslab.com . Email me or
Jim Woodward ( jbw@frii.com ) if you need help.

Speaking of land that is not for sale reminds me of the Frequently
Asked Questions page at the toll road website. Have
you seen it? The very first question is “I want to sell my property;
what should I do?” What a load of crap! If anyone
has asked them that I’ll eat a tractor tire. It’s as phony as a three
dollar bill. But just in case anyone really wants
to know the answer to what they should do to sell their property here
is the real answer. Put a “For Sale” sign in your
yard, or call a realtor. Don’t wait around for years to get an
insulting offer for a portion of your land from the Super
Slab. Their spokesman told the Pueblo Chieftain that the comments they
are receiving “range from ‘How soon can I sell
my property?’ to
things you couldn’t print in the newspaper.” I believe about half of
that.


Rob Dougherty - Pueblo County

www.stupidslab.com


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September 14th, 2006

Frist Delays U.S. Senate Vote on Property Rights

From Christina Walsh of the Castle Coalition:

Last week, Senator James Inhofe introduced S. 3873, the “Private Property Rights
Protection Act of 2006.” This bill is identical to the House of Representatives’
terrific eminent domain reform bill, H.R. 4128, which has been stuck in the Senate
Judiciary Committee since it passed the House last November by an overwhelming
majority of 376-38. S. 3873 - which is now the vehicle for eminent domain reform in
Congress - will go straight to the floor of the Senate, bypassing the hold-ups other
eminent domain bills are encountering in the Senate. However, Senate Majority
Leader Bill Frist will not put eminent domain reform on the Senate’s agenda,
effectively prohibiting the Senate from voting on this bill!

There are only 15 DAYS LEFT before the Senate adjourns. It is more important than
ever that you make your voices heard. Call Senator Frist NOW and ask him to put S.
3873, federal eminent domain reform, on the Senate’s agenda and allow a vote.
Explain that the American people are strongly opposed to the abuse of eminent
domain, both politically and morally - and this opposition will only continue to
grow. Then contact your own two senators and urge them to support S. 3873. You can
find their phone numbers at the end of this e-mail. If you have the time, we also
encourage you to send an e-mail to Frist and your senators by clicking on the
following link: https://action.popuvox.com/default.aspx?actionID=286.

Thank you for your efforts so far. Remember: only 15 days left for Congress to act.
Let’s make them count.

  1. Contact Senator Bill Frist at 202-224-3344
  2. Contact both of your own senators (phone numbers are listed below)

Best,

Christina Walsh
Assistant Castle Coalition Coordinator
Institute for Justice
901 N. Glebe Road, Suite 900
Arlington, VA 22203
(703) 682-9320
www.ij.org
www.castlecoalition.org


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September 12th, 2006

Las Animas County Commissioners’ on Pinon Canyon Expansion

The following is what the Chieftain printed Thursday relative to Las Animas County
Commissioners’ positions. PCEOC’s opinion relative to it are just below the link.


Southern Colorado county leaders discuss expansion of Pinon Canyon
Pueblo Chieftain - Pueblo,CO,USA
TRINIDAD - Successful resistance to the proposed expansion of the Pinon Canyon
Maneuver Site isn’t likely, county commissioners from the Southern Colorado …



PCEOC Opinion:
Everyone and their neighbors need to get in touch with their County and City
officials and help them understand the numbers are on our side. An expansion of
Pinon Canyon should not and cannot be supported in any manner by our elected
officials if they truly represent the people of their communities.

It is rumors and wishful thinking that makes people in Trinidad the ONLY people in
southeastern Colorado that think the expansion is positive or inevitable. The Army
did their propaganda job on leaders in Trinidad it appears but the rest of us don’t
have to fall for their tricks. I would suggest there are many more citizens of
Trinidad and Las Animas County that don’t support the expansion - many of whom
remember the last time. Although rumors do seem to abound in Trinidad like “they’re
going to station troops here” and “the generals will play golf here”. If anyone
could pinpoint the source of those promises/rumors we would be very surprised.
Everyone knows the Army promised the moon last time and gave us sand. Fool us once
shame on them. Fool us twice………..?

Even when the Commissioners state it ‘has no benefit for Las Animas County’ they
appear to take the position of spoilers. If we put everything into our efforts we
believe we can and will succeed. The PCOEC cannot see any way that the
Commissioners or anyone else for that matter risk anything by taking the position of
‘NO EXPANSION, PERIOD’. Saying that they ‘risk losing PILT’ is not a risk at all as
PILT isn’t determined by the Army. PILT is a product of the budget process and
changes year to year based on other budgetary requirements. Most of the time PILT
gets bumped to pay for someone else’s pork, not because of a negotiation process.
We are very confident the only REAL RISK IS NOT OPPOSING THE EXPANSION ENTIRELY. No
expansion is the best option available and to say it isn’t an option sells all of us
short.

It isn’t enough to say ‘no eminant domain’. That horse is dead and the Army is the
one that killed it in interviews two months ago when they said they will not let go
of eminant domain. Las Animas County needs to follow the example of most of the
rest of southeastern Colorado and endorse and recommend others also pass a
resolution ‘not to expand’. Period.

Saying ‘we haven’t got a chance’ is the same as holding the gun while someone one
else pulls the trigger. We need to implore our leaders, EVERYWHERE that we must
have their support AND their resolutions. Let’s not let them damn any of us to
failure. Fight with all you have - heart and soul. It may not be the path of least
resistance we seek but it is the RIGHT PATH. And everyone knows it in their hearts.

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The Independence Institute's Property Rights Project was established in 2005 to serve as a community resource on land use issues—including but not limited to—eminent domain abuse, zoning regulations, and historical designations. (Read More)

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