March 7th, 2008

Colorado Property Rights Coalition Speaks Out Against RTD

From Tom Wambolt, CPRC President

The Colorado Property Rights Coalition (the CPRC) has been accused of
trying to stop the RTD FasTracks project that was approved by District
voters. The CPRC is not against the FasTracks
transportation project that is to be built. This was a voter-supported
initiative and we recognize the fact that it was approved by a significant
margin. However, the CPRC believes that the initiative was passed to build a
light rail TRANSPORTATION system throughout the metropolitan area including
Golden, Boulder, Longmont and Brighton. Instead, RTD is spending millions
and millions of tax payer-approved FasTracks dollars to facilitate
transit-oriented development (TOD), which will include high-end loft
residences, malls, commercial plazas, restaurants, and other retail
establishments. The voters were not presented with, nor did we approve a
re-development project; the voters approved a TRANSPORTATION project. RTD
is not legally authorized to become a developer. And we should not sit idly
by while RTD acts outside of its legal authority and abuses property rights
through the aggressive use of eminent domain to facilitate TOD.

The CPRC was formed to protect the property rights of all Colorado
citizens. When RTD claims that they have the right to build parking garages,
we have no problem with that. What we have a problem with is the claim that
the voters authorized RTD to become developers. In short, RTD is attempting
to get into the area of taking parcels of land that they do not need to
entice a developer to enter the arena and offer to build the parking garages
in exchange for not only the ground rights and air rights but extending
beyond the space needed for the parking garages to include out-lying
adjacent areas.

RTD’s argument is that the people riding the buses and rails deserve to
have a place to grab a quick cup of coffee, a morning paper, or a quick
snack before or after their commute. The two major bus terminals in downtown
Denver have shops sitting on top of the underground terminals. The Broadway
and Colfax stop has a Subway and the 16th and Blake has a sandwich deli and
a Starbucks in their configuration. These uses appear to be targeted to
RTD’s riders.

   However, in Lakewood where RTD is planning to put a 1,000 car

parking garage, there are numerous fast food style eating places and
shopping establishments within walking distance; therefore, placing any type
of retail eating or shopping establishment on the parking site would take
trade away from these establishments.

There has been tremendous coverage about RTD trying to get into
Transit-Oriented Development (TOD) in conjunction with metropolitan cities
through the use of inter-governmental agreements (IGAs). These developments
are designed to be “pedestrian friendly and bicycle rider friendly” and
discourage people from driving to their destination. Why, then, would the
city of Lakewood, or any other city, agree to be a parking lot for the city
of Denver? In all the talk and coverage of FasTracks, the conversation is
always about people riding the rails to “work or party” in downtown Denver.
In the suburbs, the conversation is “we would love to ride the light rail
into downtown Denver to watch the Broncos, Avalanche, or Rockies, or to
visit the nightlife in LoDo.” Where are the Denverites claiming to ride the
“Ride” to the suburbs, Longmont, Golden, or Brighton to “work or party?” Are
the people of Denver telling the suburbs, “Come on down, bring your money
and party, but leave your vehicles out in the suburbs?”

Isn’t Light Rail and the Transit Oriented Developments part-and-parcel
of the “environment friendly initiative?” Adding over 1,000 cars to
Wadsworth Blvd. (which is reported to be one of the five busiest streets in
Metro Denver, if not Colorado) to get to the parking structure is definitely
not environmentally friendly. Neither is adding diesel trains into the mix,
or, as recently discovered in RTD documents, purchasing 450 diesel buses for
the Denver area. Where are the environmentalists? Are they asleep at the
wheel?

Let’s all work together and get light rail built the way it was promised
to the voters and based upon the precise language of Referendum 4A that
approved by the voters:

PROCEEDS OF DEBT AND TAXES TO BE USED AND SPENT FOR THE CONSTRUCTION AND
OPERATION OF A FIXED GUIDE WAY MASS TRANSIT SYSTEM, THE CONSTRUCTION OF
ADDITIONAL PARK-N-RIDE LOTS, THE EXPANSION AND IMPROVEMENT OF EXISTING
PARK-N-RIDE LOTS, AND INCREASED BUS SERVICE, INCLUDING THE USE OF SMALLER
BUSES AND VANS AND ALTERNATIVE FUEL VEHICLES AS APPROPRIATE

Build FasTracks in a manner consistent with what the voters approved to be
environment friendly and designed in a manner that will encourage the riders
to leave their vehicles at home and walk or ride bicycles to the rail stops.
But, most importantly, build a TRANSPORTATION system. Do not allow RTD to
unlawfully get into the development business.

Tom Wambolt, President
Colorado Property Rights Coalition