Front Range Toll Road Warriors

Stupid Slab News - Governor Ritter Signs HB08-1007 Into Law

2008-06-03T12:24:00.000-07:00

According to the list of legislative decisions at the governor's website ( http://www.colorado.gov/governor ) he signed HB-1007 yesterday. Several of us spent time yesterday talking to the governor's staff and providing information by email but it may already have been signed.

If you have been considering a lawsuit against a toll road company for their negligence in incorrectly filing toll road corridor documents you should consult a lawyer. Courts have said that the taking away of a right to sue for actions in the past is a denial of due process, a taking without compensation and unconstitutionally retrospective. It is unfortunate that victims should have to overturn a state law as part of their lawsuit but history suggests they will succeed.

The inclusion of a disclosure requirement that doesn't fit under the title of the bill could be easily overturned but I don't know that anyone will bother to take that on. There is only one year to do that. After the legislature reenacts the 2008 legislation next year a single title violation can't be raised.

It remains to be seen if this bill will provide the panacea that its proponents have claimed. I'm skeptical. The state has chosen to legalize fraud as a way to keep the real estate moving. I'm also doubtful that the immunity for title insurers will give them the protection they expect. They will be representing that they have researched the public records and reported all issues of significance when they have actually omitted information. I'm sure there is a lawsuit in there somewhere.

Hopefully we will be able to actually eliminate toll road corridors in the future. That won't happen unless and until the legislature learns more about their constitutional powers to regulate corporations. They have the authority they need but it's clear that they don't want a civics lesson from me. When the President Pro Tem of the Senate says that any retroactive law guarantees a lawsuit you know that there is very little understanding at the Capitol. The Supreme Court is only one block away but it might as well be on the dark side of the moon for all that the governor and the legislature know about their interpretations of the state constitution. All it takes is a snowjob from a toll road lawyer to leave our elected officials paralyzed with fear. Until a member of the legislature is willing to take on the task of educating his colleagues I don't know how we can get a real solution to the problem.

Rob Dougherty
Pueblo County
www.stupidslab.com

TRACKING HB08-1007

2008-05-19T20:13:00.000-07:00

05/16/2008 Signed by the Speaker of the House
05/19/2008 Signed by the President of the Senate
05/19/2008 Sent to the Governor

Please refer to the previous entry (Rob Dougherty's Stupid Slab News) and contact Governor Ritter. Tell the Governor to veto HB08-1007.

STUPID SLAB NEWS FRIDAY MAY 16, 2008 Governor Ritter Should Veto HB08-1007

2008-05-16T07:38:00.000-07:00

HB-1007 passed it's final vote last week on the last day of the legislative session and will be going to the governor very soon. There is so much in this bill that is unprecedented, unethical and unconstitutional that he should veto it. We need as many people as possible to contact the governor and recommend that he veto HB-1007.

You can't send an email to the governor any more but you can enter a message for him at his website:
www.colorado.gov/apps/oit/governor/citizen/assistanceUtility/welcome.jsf
Choose "Request assistance" or "Share opinion" and type/paste your message into the box.

You can also call or send a fax to Governor Bill Ritter at Phone: 303-866-2471 or Fax: 303-866-2003

If you don't have a fax machine you can send one for free at www.faxzero.com . It will let you send a Word doc file or Acrobat pdf file, or you can type/paste a message into the box. The limit for a free fax is 3 pages.

I would like to think that the governor would reject this bill because it doesn't get to the source of a problem by eliminating the existing toll road corridors. You may want to mention that in your message but in case he decides to leave that choice to the legislature there are the problems with the bill that we've talked about all year plus a new problem that was included in the bill late in the session.

The primary long standing problems are:
1. HB-1007 unconstitutionally prohibits landowners from suing for events that occurred before the enactment of the bill (retroactive immunity).
2. HB-1007 directs title insurers to fraudulently omit toll road information from their title searches and policies.
And the new one is:
3. HB-1007 includes a subject which is not included in the title of the bill.

I won't re-hash the first two but the third is an issue which only came into play when the senate sponsor, Abel Tapia, added an amendment during a committee hearing on April 16. The amendment is 100% outside the title of the bill and that is not allowed by the state constitution.

Article V Section 21 of the constitution says, "no bill, except general appropriation bills, shall be passed containing more than one subject, which shall be clearly expressed in its title; but if any subject shall be embraced in any act which shall not be expressed in the title, such act shall be void only as to so much thereof as shall not be so expressed." The title of HB-1007 limits the bill to the modification of private toll road laws passed in 2006. They could have chosen a broad title like "PRIVATE TOLL ROAD REQUIREMENTS" but they apparently wanted to strictly limit the subject matter of any amendments. And then in April it was the sponsors themselves who went outside of the title. The amendment adds a new section to the statutes which is unrelated to anything in the 2006 bills and it isn't even specific to toll roads. It requires that anyone selling real estate disclose "ANY PROPOSED OR EXISTING TRANSPORTATION PROJECT." That applies to city streets, county roads, state and federal highways, railroads, airports, RTD, and whatever. Those transportation projects are not covered by the title of HB-1007.

The Colorado Supreme Court has said of the clear, single title provision in the constitution, "it is to prevent surreptitious legislation, the insertion of enactments in bills which were not indicated by their titles, and to forbid the treatment of incongruous subjects in the same act" and "the purpose of this provision is to prevent surprise and deception through legislation pertaining to one subject under a title relating to another." Senator Tapia's disclosure amendment does exactly what the court says should be prevented. Real estate sales in every part of the state will come under a new requirement due to this bill and very few people were tracking it because the title said the bill concerned private toll road regulations from 2006.

The new section is titled "38-35.7-105. Disclosure of transportation projects." It follows four previous disclosure statutes:
"38-35.7-101. Disclosure - special taxing districts - general obligation indebtedness." The bill that enacted 38-35.7-101 is not available online.
"38-35.7-102. Disclosure - common interest community - obligation to pay assessments - requirement for architectural approval" was passed in 2005 as one section of a bill titled "CONCERNING INCREASED PROTECTION FOR HOMEOWNERS."
"38-35.7-103. Disclosure - methamphetamine laboratory" was passed in 2006 as the only section of a bill titled "CONCERNING MANDATORY DISCLOSURE IN CONNECTION WITH THE PURCHASE OF RESIDENTIAL REAL PROPERTY OF WHETHER THE PROPERTY HAS BEEN USED AS A METHAMPHETAMINE LABORATORY."
"38-35.7-104. Disclosure of potable water source - rules" was passed in 2007 as the only section of a bill titled "CONCERNING THE DISCLOSURE OF WATER SOURCES IN CONNECTION WITH THE SALE OF RESIDENTIAL REAL PROPERTY." Rep. Marsha Looper was the sponsor of the bill.

The new disclosure statute would be the only one that was slipped into a bill with an inapplicable title. Not all of the earlier bills passed the first time and there may have been other disclosure bills that have failed. But this one avoided the debate that should have taken place by being put in to an unrelated bill late in the session.

So, please contact Governor Ritter and ask him to veto HB-1007 because it doesn't eliminate the problems caused by existing toll road corridors, it unconstitutionally gives immunity for harm done in the past, it requires title insurers to give false reports, and it violates the single clear subject clause of the constitution.

Rob Dougherty
Pueblo County
www.stupidslab.com

MARHSA LOOPER'S FALL FROM GRACE

2008-05-09T19:11:00.000-07:00

When I first met Representative Marsha Looper, she was an ordinary property owner like you or me. I found her to be a hard working and sincere individual who seemed genuinely interested in stopping the Front Range Toll Road. Looper came into the toll road wars with some experience. She had been involved in the Excel power lines controversy a couple of years earlier where some believe that she worked so fervently in defense of property rights, that it was in part responsible for a heart attack that she experienced during that period.

In 2005, when all of the toll road coalitions began forming and we were all so afraid that Ray Wells was going to prevail with HB05-1030, a number of leaders began to emerge and Looper was initially the dominant voice among them. In 2005, Looper’s approach was aggressive and effective. She enlisted help from a number of people who had been involved on the Excel issue. These connections served her well because among them was John Malone, the one person with the means to make a significant impact. Malone provided the fledgling toll road movement with lobbyists and legal advice. Malone did not cede any real control over these resources to Looper and wisely stopped short of of trying to “buy” a solution for himself and his grateful neighbors. Instead, Malone knew that if an effective solution would be reached, it was going to take citizen participation.

It was during this period of time that the other coalitions were beginning to try and exert their opinions into the mix. Every group realized that they would have to meet with impacted landowners in their area, spread the word and raise funds. The next and perhaps most difficult step was to decide whether or not that their coalition wanted to follow Looper’s lead or perhaps travel another path. This began a series of confrontations and dissension among the groups. Reasonable minds could argue that Looper’s insistence for the unification under her banner might have been the best strategy, but not everybody found themselves in agreement with her methods. Looper developed a reputation for going about the Eastern Plains, calling meetings and whipping crowds into a near frenzy. Just at what she felt was the right moment, she would ask for cash to fight the good fight. The people trusted in her and the money flowed into her coalition’s coffers.

I was in attendance at a number of these early meetings and felt that the technique was reckless. People would talk about defending their properties with guns. Members of our group, the High Plains Coalition for Responsible Transportation Policy, became reluctant to ask people from the Elbert County area to write her checks. Our group chose to accept donations, but we wanted to raise funds without what appeared to us as the Looper fear tactics. It was also becoming increasingly more clear that Looper, while interested in taking money from other coalitions, was not the least bit interested in sharing in the decision making process with them. A rift began to form that exists to this day.

Marsha Looper likes to take a lot of credit for all of the things that occurred in the 2005 legislative session. To be sure her efforts were praiseworthy, but there were many others working on the cause with just as much passion and commitment. In my opinion, it was becoming increasingly more difficult by late May of 2005 for Looper to take advice or criticism. If others in the movement found themselves not in total agreement with her wishes, Looper began going out of her way to marginalize and smear those in her way. In the opinions of some, power was becoming more important than the message of property rights. Any method was justified, even when it had people in the press talking about those “crazy people” living on the plains.

People began talking about Marsha running an "initiative" that would be the example for others who might find themselves in similar straits. Some even speculated that Looper was going to use this issue as a springboard into Colorado politics. Over the next months, Looper continued on a path where she tried to get an initiative passed. A lot of dedicated people worked very hard to gather the necessary signatures for her. What was obviously a difficult task at best turned out to be a resounding failure. Some believe that money was the issue. Looper’s coalition was unable to continue to produce the large sums of money that they had experienced earlier. Some believe that she had counted on more funding from the benevolent Mr. Malone than was forthcoming. Whatever it was, when Looper became aware that she was not going to be able to garner enough signatures, she threw her volunteers and all of their hard work under the bus. She made statements to the effect that the initiative was always a long shot and she was never convinced that it would succeed. It was a stinging blow to many of her followers.

The 2006 legislative session for Looper was mildly successful in that she was still able to maintain the appearance that she was still a major player in the opposition to private toll roads. She was not happy with some of the other coalitions who had moved to establish a presence at the Capitol. She was not the driving force behind the Wiens bill or the Pommer bill that gave residents their first real protections against Ray Wells. By the end of her second session as a citizens’ advocate, it was apparent to many that she was comfortable with the ways of lobbyists, senators and representatives. She was now taking much more counsel from the likes of lobbyist Andrea Castro and others of that ilk than she was talking to the impacted residents. It was during this period that her desire to become a state representative was brought out into the light of day.

As someone who has now spent time doing double duty, trying to advocate for a coalition while simultaneously campaigning for office, I must admit that I was impressed by what Looper was able to accomplish in her run for the State House. I had no doubt she would be able to raise money based on her earlier escapades, but I was surprised when I saw just how much money she was willing to donate to her own campaign. It appeared that she wanted this job with all of its trappings of power and authority so badly she would have been willing to spend more on the campaign than the job actually paid. To some, that looked like a fervent desire to stand up for the people that elected her. Of course, anyone who has followed her career as a Colorado State Representative knows that she was driven by important motives. Representing the thousands of people whose properties she vowed to protect does not seem to be one of them.

The first toll road bill she tried to pass as a representative was HB07-1068. To say that she did not know what she was doing would be a gigantic understatement. She tried to convince the coalitions with which she still maintained positive relationship to trust her. Looper resorted to her earlier tactics of disenfranchisement. Looper asked that these friendly groups withhold information on what she was trying to accomplish from other meddlesome coalitions who might screw things up for her. When the HPCRTP was finally given the language of HB07-1068, we denounced it as a poor piece of legislation. Looper was happily forcing a wedge between the coalitions until everyone finally became aware that the bill was indeed horrible.

Looper then held out an olive branch and began working with all of the coalitions. I must say, I spent many hours on the bill and at one point was even asked by Looper to help the legislative drafter. Unfortunately Looper was convinced by lobbyists representing the title insurance industry, county clerks and David Foster (Superslab Attorney) that they had better ideas than the citizens. At the last moment, before anybody from the Eastern Plains had the language, a rewritten version made it to committee. Citizens testified in favor of the bill without knowing that Looper had sold them down the river and was making concessions to everybody but them. Before anyone was the wiser, Looper got her deceitful bill through to the Senate. Fortunately, the coalitions finally regrouped and convinced Senator Williams (senate sponsor) that she should pull the bill.

Looper was angry. Representative Buffie McFayden was openly hostile toward the coalitions for going against the House Transportation and Energy Committees recommendations. Ray Wells was angry. The lobbyists were unhappy. It was clear that the next session would be a bumpy and contentious ride. The gauntlet was dropped and we all went about trying to advocate for our respective coalitions. Looper on the other hand let no grass grow under her feet. She had HB08-1007, a near duplicate of the previous session’s bill in hand at the opening bell of the 2008 session.

This year, Marsha Looper did not even try to deceive the people of the Eastern Plains coalitions that she had any intentions of listening to what they wanted. This bill was reprehensible from the start. It was lobbied at an astronomical expense by developers, private toll road types, title insurers, and generally any industry that despises citizen involvement. Tricks were played, deadlines drawn out and smear campaigns instituted. No stone was left unturned. The bill went down to the wire on the final day and is now ready for the Governor’s signature.

The reasons that I would give to Governor Ritter not to sign this bill could fill a book. But if I had to pare it down to just a few they would be these:
• The lobbyist for the title insurance companies told the Military Affairs Committee that the bill needed to grant them immunity from law suits because the bill required them to commit fraud
• Retrospective immunity from lawsuits is unconstitutional
• The bill does not fit its title because it deals with things other than toll road legislation that needed to be fixed from 2006
• The notion of a toll road corridor and the financial devastation it might impose on thousands of innocent property owners is immoral

In conclusion, let me say that, in my opinion, Representative Marsha Looper is a complete disappointment. She had the support of thousands of impacted residents who were in need of a real champion. When it counted most, Looper turned her back on the weary masses and instead has chosen to protect the corporate interests of big development. She should be voted out of office for her deceit.

Robert Thomasson

Stupid Slab News HB08-1007 Likely To Pass

2008-05-05T06:36:00.000-07:00

On Friday the conference committee on HB-1007 held a second session and reached agreement on a new amendment to the bill. This amendment was then returned to the house and senate for their approval. The senate passed it on Friday on a 32-3 vote. It is on the schedule for the house to hear on Monday and there is little doubt that it will pass. Wednesday is the last day for the 2008 legislature so they will be done one way or the other by then.

The senate amendment added last week specified that any existing toll road corridor "IS VOID AND SHALL NOT BE DEEMED TO GIVE THE FILING TOLL ROAD OR TOLL HIGHWAY COMPANY ANY PROPERTY RIGHT OR EXCLUSIVE DEVELOPMENT RIGHT OF ANY KIND WHATSOEVER WITHIN THE CORRIDOR." The conference committee deleted the words "IS VOID" and amended the words "ANY KIND WHATSOEVER WITHIN THE CORRIDOR" to say that if the company meets the start of work requirements they will have the exclusive right to seek approval for the road.

Where the senate amendment would have eliminated existing corridors entirely, the committee amendment leaves them in existence but makes it more explicit that they only signify the first step of the approval process. There is really very little difference in the status of the existing corridors before and after this bill if it passes. Here are the differences as applied to the Super Slab.

Currently:
Front Range Toll Road Company has the exclusive right to develop the toll road subject to all of the required approvals.

If HB-1007 passes:
Front Range Toll Road Company has the exclusive right to seek all of the required approvals and if successful has the exclusive right to develop the toll road.

It's hard to believe that this slight difference will give much relief to depressed real estate prices. Only time will tell.

The bill still contains the immunity from lawsuits for toll road companies and title insurers and the requirement that title insurers omit any mention of toll roads in their searches and policies. The legislature was very concerned with protecting the "rights" of the Front Range Toll Road Company but not so much with the rights of the people who actually own the land in the corridor.

Rob Dougherty
Pueblo County
www.stupidslab.com

CORRECTION & CLARIFICATION - PROCEDURE FOR CONFERENCE COMMITTEE

2008-05-01T11:46:00.000-07:00

In a TRW Update dated April 29, 2008 we erroneously said that if the majority of the Conference Committee members voted to approve HB08-1007 with changes, that it went to the Governor's desk to be signed into law. That message neglected to point out that the Conference Committee's changes to the bill must first be approved by the House and the Senate. We apologize for any confusion.

Also, the Conference Committee meeting that took place yesterday morning regarding HB08-1007 was declared 'VOID' because Senator Cadman, a member of the Committee, was not present. So, it seems that the Committee will re-convene tomorrow morning and start all over slicing and dicing Senator Wiens' amendment out of the bill.

BTW: the 2008 Colorado Legislature adjourns next Wednesday, the 7th of May. All legislation must have completed its journey through the hallowed halls of the State Capitol by then.

STUPID SLAB NEWS Wednesday, April 30, 2008

2008-04-30T13:49:00.000-07:00

The joint conference committee met this morning on HB-1007. They made some minor wording changes but primarily they have stripped the amendment that nullifies toll road corridors. We need to email the members of the senate and ask them to "adhere to the the senate version" of the bill.

I have set up a link to create an email at www.stupidslab.com/mail-senate-final.htm

Rob Dougherty
Pueblo County
www.stupidslab.com

Stupidslab News - 04/29/08 - Conference Committee

2008-04-30T07:38:00.000-07:00

The House has rejected the Senate amendment to HB-1007 which would eliminate all toll road corridors. The bill will now be heard by a joint conference committee tomorrow to see if they can arrive at an agreeable version. Considering the committee membership (Sens. Tapia, William, Cadman and Reps. Looper, McFadyen, Butcher) they will almost certainly strip the Wiens amendment out of the bill and send it back for a final vote. If that's how it goes we'll ask the house and senate to kill the bill and as a last resort we'll ask the Governor to veto it. The conference committee will be Weds., April 30 at 8:15 a.m. in Room 0109.

According to a recent article in the Pueblo Chieftain Senator Abel Tapia was told by legislative lawyers that "any measure that effects laws retroactively is a guarantee for a lawsuit." It is unbelievable (almost) that legislative lawyers would give such a mistaken report and disappointing that the President Pro Tem of the Senate wouldn't know better. The legislature passes bills every year which act retroactively or impose new obligations. The Colorado Supreme Court applies a number of tests to determine whether a retroactive statute is constitutional. Their criteria are listed below.

Note that the proposed elimination of the three-mile wide Super Slab corridor does not prevent the company from building the toll road, it just changes the procedure. Statutes which only effect procedures are not retrospective, they are constitutional. I've highlighted that and a few other relevant parts.

It seems to be only the proponents of this bill warning of a lawsuit. During committee testimony this year the Super Slab lawyer was asked if they would sue if their corridor were eliminated. He said that they have never discussed bringing a lawsuit.

Rob Dougherty
Pueblo County
www.stupidslab.com

This is the section of a 2006 Colorado Supreme Court case which explains the criteria for determining whether a retroactive statute is unconstitutional. The case, City of Golden v. Parker, can be read at
www.courts.state.co.us/supct/opinions/2005/05SC282.pdf

III. Analysis

Under the Colorado Constitution, the General Assembly is prohibited from enacting any law that is “retrospective in its operation . . . .” Colo. Const. art. II, § 11.

* * *

A. Retrospectivity

The general prohibition against retrospective legislation is intended to prevent any unfairness that might result from the application of new law to rights already in existence. In re Estate of DeWitt, 54 P.3d 849, 854 (Colo. 2002). Legislation is presumed to operate prospectively unless there is legislative intent to the contrary. Id. Retroactive application of a law, although disfavored, is not necessarily unconstitutional and may be permitted if the law at issue effects a change that is procedural or remedial. Kuhn v. State, 924 P.2d 1053, 105657 (Colo. 1996). In order to distinguish legislation that is merely retroactive, we use the term “retrospective” only in regard to legislation that “impairs vested rights acquired under existing laws, or creates a new obligation, imposes a new duty, or attaches a new disability, in respect to transactions or considerations already past.” Ficarra v. Dep’t of Regulatory Agencies, 849 P.2d 6, 16 (Colo. 1993) (citations omitted)

We use a two-step inquiry to determine whether or not a law is retrospective in its operation. DeWitt, 54 P.3d at 854. First, we look to the legislative intent to determine whether the law is intended to operate retroactively. Id. We require a clear legislative intent that the law apply retroactively to overcome the presumption of prospectivity. Ficarra, 849 P.2d at 14. However, express language of retroactive application is not necessary to find that a law is intended to apply retroactively. Id.

If we find intent of retroactive application, the second step of the inquiry is to determine whether the retroactively applied law operates retrospectively. A law is retrospective if it either “(1) impairs a vested right, or (2) creates a new obligation, imposes a new duty, or attaches a new disability . . . .” DeWitt, 54 P.3d at 855. We consider each of these prongs of the retrospectivity analysis in turn. In regard to the first prong, we have found that a right is vested only when it has an “independent existence.” People v. D.K.B., 843 P.2d 1326, 1331 (Colo. 1993). A vested right may be derived from a statute or the common law, but “once it vests it is no longer dependent for its assertion upon the common law or statute under which it may have been acquired.” Ficarra, 849 P.2d at 15.

We do not employ a fixed formula or a brightline test for determining whether a right is vested. Id. at 17. Rather, we look to three factors: “(1) whether the public interest is advanced or retarded; (2) whether the statute gives effect to or defeats the bona fide intentions or reasonable expectations of the affected individuals; and (3) whether the statute surprises individuals who have relied on a contrary law.” DeWitt, 54 P.3d at 855.

A determination that retroactive application of a law impairs a vested right is not dispositive of the retrospectivity inquiry because such a finding “may be balanced against public health and safety concerns, the state’s police powers to regulate certain practices, as well as other public policy considerations.” Id. Retroactive application of a law that implicates a vested right is only permissible, however, if the law bears a rational relationship to a legitimate government interest. Id. In past cases, we have “appl[ied] a balancing test that weighs public interest and statutory objectives against reasonable expectations and substantial reliance.” Kuhn, 924 P.2d at 105960 (quoting Ficarra, 849 P.2d at 17).

If a vested right is not implicated, we consider the second prong of the analysis. Under this prong, “retrospectivity may result from the creation of a new obligation, imposition of a new duty, or attachment of a new disability with respect to” past transactions or considerations. Dewitt, 54 P.3d at 855. Application of a law is not deemed retrospective, however, “merely because the facts upon which it operates occurred before” its adoption. City of Greenwood Village, 3 P.3d at 445.

Because we review legislation with the presumption that it is constitutional, see, e.g., In re Submission of Interrogatories on House Bill 991325, 979 P.2d 549, 554 (Colo. 1999), our cases have not often found a law retrospective. However, we have prohibited retrospective application of a statute when the reasonable expectations and substantial reliance of a party vested prior to the enactment of the statute. Kuhn, 924 P.2d at 1060 (statute could not be retrospectively applied to defeat attorneys’ right to court-ordered reasonable fee paid out of common fund).

HB08-1007 Goes To Conference Committee

2008-04-29T07:12:00.000-07:00

Toll Road Warriors:

I would like to be the bearer of good news, but unfortunately, the toll road legislation that has been brought forward by Representative Marsha Looper (R) Calhan and Senator Able Tapia (D) Pueblo has ended up in Conference Committee.

The outcome of that committee does not bode well for all of the dedicated Toll Road Warriors who have fought the Superslab so bravely over the past four legislative sessions. The committee is loaded with people who wish only to appease the lobbyists of Ray Wells, the developers and the title insurance providers. There is virtually no chance that this committee will leave the amendment placed on HB08-1007 by Senator Tom Wiens which eliminated all toll road corridors and the untested notion of a private toll road company's vested right to develop a toll road corridor. The amendment, which is the only redeemable component will be stripped from the bill. The bill will be approved by the committee by a majority vote and then it will go to Governor Ritter for his signature. Once signed, it will become law.

Ray Wells will have immunity from law suits, even in cases where he was reckless. The bill will only bring relief to those who are looking for a way to pass on their misfortune to an unsuspecting future buyer. There is no remedy for the perpetuity issue. The title insurance lobbyists demanded and will receive immunity because they testified that this bill requires that they commit fraud. Still, legislators Looper and Tapia make false claims that they have solid support on the Plains. There is no support out here for Rep. Looper's treacherous manipulation of the facts. She is deaf to our concerns and we have been bested by the high priced lobbyists of corporate developers from which Ms. Looper has taken counsel.

I believe that the idle threat of attorney David Foster to sue the State of Colorado for taking away his client's (Ray Wells) vested right to develop a toll road corridor is hogwash. Rob Dougherty and others have researched this claim and have found it to be a weak argument at best. Attorneys, some of whom are elected members of the legislature, have told us that they do not believe that this is a legitimate claim. Still, when push came to shove, it was easier to yield to a threat than to stand up and test this unfounded claim that has created so much devastation. I am sickened by the lack of fortitude demonstrated by many of these people unwilling to stand up to greedy corporatists.

I am becoming more and more convinced that the only remedy is to bring suit against the State of Colorado. This might be confusing to some of you, but Ray Wells is not the problem. He is only a symptom of a system that is broken. The estimated damage to the real estate in the PFPE corridor is $260 million. All Ray had to do was spend time planning and spend an amount that is 520 times less than that and he has gained perpetual control over land prices. Ray does not have an interest in 'real property' by his own admission, yet he might as well have by allowing this fantasy "vested right to develop" to go unchallenged. I think it is time to lawyer up and go after the real culprit here, the State of Colorado. Colorado refuses to stop the abuse at the hands of corporate bullies. Two words will likely be our only remedy, and they are simply, "class action."

Robert Thomasson

HB08-1007 VOTED UPON FOR 3RD READING IN SENATE

2008-04-24T09:09:00.000-07:00

The Senate heard HB08-1007 this morning, April 24th @ 10:10 AM. Adopted with 28 ayes, 5 no's, and 2 absent.

IMPORTANT INFORMATION - PLEASE READ IMMEDIATELY

2008-04-23T20:19:00.001-07:00

From Rob Dougherty's Stupidslab.com:

During second reading of HB-1007 on Wednesday an amendment by Senator Tom Wiens was adopted which would abolish toll road corridors and eliminate any perpetual powers to develop a toll road. The amendment says that any existing corridor including the Super Slab corridor "is void and shall not be deemed to give the filing toll road or toll highway company any property right or exclusive development right of any kind whatsoever within the corridor."

This is the biggest development we have ever had. It would still need to pass a third reading and vote in the Senate and then the amendments would need the approval of the House. If it clears those hurdles it goes to the Governor. Representative Looper who introduced the bill has said she supports the abolition of old and new corridors but felt that abolishing old corridors couldn't be done until next year. Now this could do both this year and it is one day away from passing the Senate.

PLEASE SEND AN EMAIL TO THE SENATE ASAP. The subject should ask them to vote yes on HB1007 WITH the Wiens amendment (L019) A link that will format it for you is here:

www.stupidslab.com/mail-yes-on-1007.htm

Or to do your own:

Subject: Vote YES on HB-1007 with the Wiens Amendment (L019)

Dear Senator,

The L019 amendment to HB-1007 corrects the problem created in 2006 of allowing toll road companies to claim a corridor. Before 2006 any such claims were made without any justification in the statutes. These corridor claims have caused great harm and will cause even more if they are not abolished.

Please vote YES on HB-1007 with Senator Wiens L019 amendment which was passed on Wednesday.

Sincerely,
Your Name
Your Address

With commas:
abel.tapia.senate@state.co.us, bbacon@peakpeak.com, betty.boyd.senate@state.co.us, bill.cadman.senate@state.co.us, brandon@brandonshaffer.com, chris.romer.senate@state.co.us, dan.gibbs.senate@state.co.us, electkenkester@hotmail.com, gail.schwartz.senate@state.co.us, greg@gregbrophy.net, isgarsenate@frontier.net, jennifer.veiga.senate@state.co.us, john.morse.senate@state.co.us, joshpenry@gmail.com, ken.kester.senate@state.co.us, ken@kengordon.com, lotochtrop@aol.com, mike.kopp.senate@state.co.us, nancyspence@qwest.net, nwden34@yahoo.com, peter.groff.senate@state.co.us, ron.tupa.senate@state.co.us, scott.renfroe.senate@state.co.us, senatorkeller2002@yahoo.com, SenBob@msn.com, shawnmitch@aol.com, steve.johnson.senate@state.co.us, steve.ward.senate@state.co.us, ted.harvey.senate@state.co.us

With semicolons:
abel.tapia.senate@state.co.us; bbacon@peakpeak.com; betty.boyd.senate@state.co.us; bill.cadman.senate@state.co.us; brandon@brandonshaffer.com; chris.romer.senate@state.co.us; dan.gibbs.senate@state.co.us; electkenkester@hotmail.com; gail.schwartz.senate@state.co.us; greg@gregbrophy.net; isgarsenate@frontier.net; jennifer.veiga.senate@state.co.us; john.morse.senate@state.co.us; joshpenry@gmail.com; ken.kester.senate@state.co.us; ken@kengordon.com; lotochtrop@aol.com; mike.kopp.senate@state.co.us; nancyspence@qwest.net; nwden34@yahoo.com; peter.groff.senate@state.co.us; ron.tupa.senate@state.co.us; scott.renfroe.senate@state.co.us; senatorkeller2002@yahoo.com; SenBob@msn.com; shawnmitch@aol.com; steve.johnson.senate@state.co.us; steve.ward.senate@state.co.us; ted.harvey.senate@state.co.us

**********************************************
Rob Dougherty
Pueblo County

www.stupidslab.com

SENATE LAYS OVER 1007

2008-04-22T13:14:00.000-07:00

HB08-1007 has been laid over for Second Reading until Wednesday, April 23. (laid over 4.22 @ 2:15 PM)

WHERE WE ARE NOW WITH HB08-1007

2008-04-17T19:51:00.000-07:00

April 17, 2008

It is hard to express in words my disappointment at the 3-2 passage of HB08-1007 through the Senate State, Veterans and Military Affairs Committee yesterday. The dishonesty on the part of the Prairie Falcon Parkway Express turns my stomach. Senator Cadman told the committee that he was disgusted by unprecedented lobbying on the issue. He said that in his eight years down at the Capitol he had never been witness to such pressure. Yet attorney David Foster of the PFPE stated in the testimony phase a week earlier that his client,Ray Wells and Co, was neutral on HB08-1007.

When enough money comes to bear on a situation at the Capitol, we have come to notice that the outcome normally favors the wealthy. The exception only comes when enough of the citizenry shows up in protest that the elected officials become uncomfortably aware that they must do their business in front of voters. My intent is not to say that all of our elected officials are somehow on the take. On the contrary, I believe the vast majority of our legislators are decent hard working people. To be sure, there are some who have unseemly motives, but they are a small minority. But these legislators work in isolation, far away from the districts that they represent. They are only human after all, and when the pressure from lobbyists is relentless, they sometimes make mistakes.

We have received many e-mails asking our advice on just how we should proceed from here to the finish line. Since it is unlikely that we can mount the kind of demonstration that would make an adequate impact, our only recourse is to begin writing to every Senator. At the end of this letter, I will provide you with the talking points that I believe to be the most relevant to the Senators. There are several things that you can do in conjunction with the writing campaign that might, in fact, make your letters have a greater impact. These are of course only suggestions and I would never presume that my ideas are the only ones we or you should use.

(1) I will be passing out to each Senator a DVD that I made about HB08-1007. This is the one posted on YouTube and the response has been very favorable. This is not enough. I would ask that if you have any digital pictures from your property in the corridor that you send it to me at robert@abe21.net. If I receive enough of them, I will be doing another video for the Senators to put a human face on the issue. I will need these by Sunday afternoon, April 20.

(2) If you are able to do so, include a low resolution picture of your family with your e-mail.

(3) Feel free to use any of the following talking points:

• The Title Insurers lobbyists said that HB08-1007 asks them to do something that is fraudulent in nature and so they require legal immunity for their actions. Why would legislators move forward with a bill that is fraudulent?
• The disclosure component of HB08-1007 will make it virtually impossible for future buyers to learn about a toll road route until it is too late.
• The corridor is what is causing the drop in property values. It is virtually impossible to un-ring this bell. Unless toll road corridors go away completely, then this cloud is still in place.
• The issue of perpetuity is not addressed in HB08-1007.
• There should never be a bill written that provides unprecedented advantages to a single entity. By allowing a definition of a preexisting private toll road company to be placed into the statutes, it lends an air of legitimacy to this project.

• This bill will make it more difficult to get clearer legislation in the next legislative session.

• This bill gives credence to the notion that there exists an untested notion of a corporation’s vested right to develop a corridor.

Please stay on top of this issue. This is our last chance to kill HB08-1007 and things can change quickly.

Robert Thomasson
High Plains Coalition for Resonsible Transportation Policy
Elbert, CO

*****
MAC

abel.tapia.senate@state.co.us, chris.romer.senate@state.co.us, bill.cadman.senate@state.co.us, senatorschultheis@gmail.com, senatorwindels@comcast.net, peter.groff.senate@state.co.us, ken@kengordon.com, Brandon@brandonshaffer.com, nancyspence@qwest.net, Suzanne.wiliams.senate@state.co.us, bob.bacon.senate@state.co.us, betty.boyd.senate@state.co.us, greg@gregbrophy.net, dan.gibbs.senate@state.co.us, senbob@msn.com, ted.harvey.senate@state.co.us, isgarsenate@frontier.net, steve.johnson.senate@state.co.us, Senatorkeller2002@yahoo.com, electkenkester@hotmail.com, mike.kopp.senate@state.co.us, shawnmitch@aol.com, john.morse.senate@state.co.us, joshpenry@gmail.com, scott.renfroe.senate@state.co.us, nwden34@yahoo.com, gail.schwartz.senate@state.co.us, Stephanie.takis.senate@state.co.us, lotochtrop@aol.com, ron.tupa.senate@state.co.us, Jennifer.viega.senate@state.co.us, steve.ward.senate@state.co.us, tom@tomwiens.com

PC

abel.tapia.senate@state.co.us; chris.romer.senate@state.co.us; bill.cadman.senate@state.co.us; senatorschultheis@gmail.com; senatorwindels@comcast.net; peter.groff.senate@state.co.us; ken@kengordon.com; Brandon@brandonshaffer.com; nancyspence@qwest.net; Suzanne.wiliams.senate@state.co.us; bob.bacon.senate@state.co.us; betty.boyd.senate@state.co.us; greg@gregbrophy.net; dan.gibbs.senate@state.co.us; senbob@msn.com; ted.harvey.senate@state.co.us; isgarsenate@frontier.net; steve.johnson.senate@state.co.us; Senatorkeller2002@yahoo.com; electkenkester@hotmail.com; mike.kopp.senate@state.co.us; shawnmitch@aol.com; john.morse.senate@state.co.us; joshpenry@gmail.com; scott.renfroe.senate@state.co.us; nwden34@yahoo.com; gail.schwartz.senate@state.co.us; Stephanie.takis.senate@state.co.us; lotochtrop@aol.com; ron.tupa.senate@state.co.us; Jennifer.viega.senate@state.co.us; steve.ward.senate@state.co.us; tom@tomwiens.com

Senator Abel Tapia, Chairman

Email: abel.tapia.senate@state.co.us

Phone: 303-866-4878

Senator Chris Romer, Vice-Chairman

Email: chris.romer.senate@state.co.us

Phone: 303-866-4852

Senator Bill Cadman

Email: bill.cadman.senate@state.co.us

Phone: 303-866-2737

Senator David Schultheis

Email: senatorschultheis@gmail.com

Phone: 303-866-4835

Senator Sue Windels

Email: senatorwindels@comcast.net

Phone: 303-866-4840

abel.tapia.senate@state.co.us; chris.romer.senate@state.co.us; bill.cadman.senate@state.co.us; senatorschultheis@gmail.com;

senatorwindels@comcast.net

abel.tapia.senate@state.co.us, chris.romer.senate@state.co.us, bill.cadman.senate@state.co.us, senatorschultheis@gmail.com,

senatorwindels@comcast.net

Senate Officers:

Peter Groff, President of the Senate

District 33, D

Phone: 303-866-4864

Email: peter.groff.senate@state.co.us

Ken Gordon, Majority Leader

District 35, D

Phone: 303-866-3341

Email: ken@kengordon.com

Brandon C Shaffer, Assist. Majority Leader

Phone: 303-866-5291

Email: Brandon@brandonshaffer.com

Andrew McElhany, Minority Leader

Phone: 303-866-2318

Nancy Spence, Assist. Minority Leader

Phone: 303-866-4883

Email: nancyspence@qwest.net

Suzanne Williams, Assist. Caucus Chair

Phone: 303-866-3432

Email: Suzanne.wiliams.senate@state.co.us

Senate:

Bob Bacon

Phone: 303-866-4841

Email: bob.bacon.senate@state.co.us

Betty Boyd

Phone: 303-866-4857

Email: betty.boyd.senate@state.co.us

Greg Brophy

Phone: 303-866-6360

Email: greg@gregbrophy.net

Dan Gibbs

Phone: 303-866-4873

Email: dan.gibbs.senate@state.co.us

Bob Hagedorn

Phone: 303-866-4879

Email: senbob@msn.com

Ted Harvey

Phone: 303-866-4881

Email: ted.harvey.senate@state.co.us

Jim Isgar, Majority Caucus Chair

Phone: 303-866-4884

Email: isgarsenate@frontier.net

Steve Johnson

Phone: 303-866-2586

Email: steve.johnson.senate@state.co.us

Maryanne “Moe” Keller

Phone: 303-866-4856

Email: Senatorkeller2002@yahoo.com

Ken Kester

Phone: 303-866-4877

Email: electkenkester@hotmail.com

Mike Kopp

Phone: 303-86-2638

Email: mike.kopp.senate@state.co.us

Shawn Mitchell

Phone: 303-866-4876

Email: shawnmitch@aol.com

John P Morse

Phone: 303-866-6364

Email: john.morse.senate@state.co.us

Josh Penry

Phone: 303-866-3077

Email: joshpenry@gmail.com

Scott W Renfrow

Phone: 303-866-4451

Email: scott.renfroe.senate@state.co.us

Paula E Sandoval

Phone: 303-866-4862

Email: nwden34@yahoo.com

Gail Schwartz

Phone: 303-866-4871

Email: gail.schwartz.senate@state.co.us

Stephanie Takis

Phone: 303-866-4855

Email: Stephanie.takis.senate@state.co.us

Jack Taylor

Phone: 303-866-5292

Lois Tochtrop

Phone: 303-866-4863

Email: lotochtrop@aol.com

Ron Tupa

Phone: 303-866-4872

Email: ron.tupa.senate@state.co.us

Jennifer Viega

Phone: 303-866-4861

Email: Jennifer.viega.senate@state.co.us

Steve Ward

Phone: 303-866-4846

Email: steve.ward.senate@state.co.us

Tom J Wiens

Phone: 303-866-4869

Email: tom@tomwiens.com

Stupidslab News - 04/16/08 - HB-1007 Passes Committee on 3-2 Vote

2008-04-17T09:17:00.000-07:00

HB-1007 was passed today by the Senate State, Veterans and Military Affairs Committee on a 3-2 vote. The state website says it was passed with amendments. I haven't seen the amendments yet but will post the bill when I get it at www.stupidslab.com (probably tonight or tomorrow). Voting yes were Senators Tapia (the committee chairman and sponsor of the bill), Cadman and Romer. Voting no were Senators Windels and Schultheis.

Rep. Looper introduced the bill on the first day of the legislature in early January but didn't have a senate sponsor until late March. At that point it was being laid over day-by-day in the House of Representatives because a bill is required to have a senate sponsor before its third reading in the house. On March 24 Senator Tapia's name was added as a sponsor and the bill moved on to the Senate. The obvious committee assignment for a toll road bill would be the Senate Transportation Committee but it was assigned instead to the State, Veterans and Military Affairs Committee whose chairman, Senator Tapia, is also the President Pro Tem of the Senate.

Now the bill goes back to the whole senate for a second and third reading. If it passes the third reading vote it goes on to the governor for signature. The second reading could be as soon as tomorrow (Thursday). Judging by the way the sponsors sidestepped the Transportation Committee I expect they will try to rush it through the additional readings ASAP.

Rob Dougherty
Pueblo County

www.stupidslab.com

Correction to: WE NEED YOUR HELP!

2008-04-14T08:09:00.000-07:00

Warriors, this request was recently sent out. It was our understanding that the following information was to be sent directly to Senator Cadman. That is incorrect. Please forward your letters directly to Sharon Croghan, Save Our Homes Coalition @ mornglory40@rtebb.net. It is not necessary to call his office and leave a message. Your help in this matter would be greatly appreciated. Thanks.

=====================

Dear SUPER SLAB CORRIDOR RESIDENTS,

IF you live within the corridor of the Super Slab

IF you understand the ramifications of passing HB08-1007 or killing it

IF YOUR HOME IS FOR SALE

IF you still want HB08-1007 killed

PLEASE CONTACT SENATOR CADMAN ON THE SENATE VETERANS AND MILITARY AFFAIRS COMMITTEE within the next 24 hours. bill.cadman.senate@state.co.us Let him know that you want HB08-1007 killed. It won't help you or your situation. It will only benefit Ray Wells and the title insurance companies. Senator Cadman is LOOKING for your emails NOW. Please include your name, your address, and phone number.

You may want to leave a follow-up phone call at his office in the Capitol:
303-866-5525

SUPREME COURT SAYS RIGHT CANNOT BE VESTED BY STATUTE

2008-04-12T06:33:00.000-07:00

Stupid Slab News - Saturday, April 12, 2008
Rob Dougherty writes:

"This does not mean that a perpetual right has vested in the utility, by virtue of any statutory grant, for such would violate Article II, Section 11 of the Colorado Constitution. The right is merely one to continue until the state, which granted the privilege, desires to modify, alter or withdraw it."

Supreme Court of Colorado in City of Englewood v. Mountain States Telephone and Telegraph Company (431 P.2d 40)

In the 1960s the City of Englewood was trying to force Mountain States Telephone Company to renew their franchise with the city which had expired after twenty years. Englewood lost their case when the Colorado Supreme Court said that a state law passed during the twenty year period gave Mountain States "the right to construct, maintain and operate" their telephone lines, so they no longer required a franchise from the city. "This does not mean," the court added "that a perpetual right has vested in the utility, by virtue of any statutory grant, for such would violate Article II, Section 11 of the Colorado Constitution. The right is merely one to continue until the state, which granted the privilege, desires to modify, alter or withdraw it."

The Front Range Toll Road has a right by virtue of a statutory grant, "to develop or seek approval to develop a toll road or toll highway." They claim their right is vested, perpetual and constitutionally protected. Wrong, wrong and wrong.

Article II, Section 11 of the constitution says that no law "making any irrevocable grant of special privileges, franchises or immunities, shall be passed by the general assembly." In Englewood the Supreme Court says that a power or privilege given to a company by a statute cannot become a vested, perpetual right or it would violate this article. The lawyer for the Front Range Toll Road has said time after time in committee hearings this year that HB-1003, passed in 2006, gave them a vested right that exists in perpetuity. If he's right then the statute is unconstitutional and their corridor is invalid. If he's wrong (and he is) then their toll road corridor can be taken away by a repealing statute. Either way the legislature can abolish toll road corridors including the pre-existing ones.

When the court says that the state may "modify, alter or withdraw" Mountain State's right to operate they are no doubt referring to Article XV Section 3 of the Colorado Constitution which says "The general assembly shall have the power to alter, revoke or annul any charter of incorporation...whenever in their opinion it may be injurious to the citizens of the state, in such manner, however, that no injustice shall be done to the corporators." The combination of these two articles say that there is no vested right in a corridor and that corridors can be abolished. If the Supreme Court says that a telephone company that has been doing business for decades can have their franchise revoked then obviously the same applies to a company that has not even begun construction. The Court has called these sort of rights to pursue something "unexercised opportunities" and says they are not vested rights. They have said that a right like this "does not exist in the sense of a vested right until it is exercised" and it is not unconstitutional to take such a right away.

The Senate State, Veterans and Military Affairs Committee is reluctant to kill HB-1007 because they think it is the best that can be done for us. It is not. The best thing would be to postpone this bill indefinitely rather than further complicate the situation. The Office of Legislative Legal Services has not been consulted on the constitutional issues that are causing so much debate. The legislature is relying mostly on the word of the Superslab lawyer who, besides giving only one side, actually misinterpreted the rule of one the key cases (See the 04/02 entry at www.stupidslab.com ) More study needs to be done and a better bill presented next year.

**********************************************
Rob Dougherty
Pueblo County

www.stupidslab.com

Deja Vu HB08-1007 "Laid Over"

2008-04-10T08:26:00.000-07:00

Yesterday, Sen. Chris Romer Chair of the Senate Veterans and Military Affairs Committee laid over HB08-1007 after hearing 4 hours of testimony from citizens on the Eastern Plains. Not one private property owner testified for the bill. Sen. Tapia did have one witness from the corridor who owned land...but he called himself a "land planner, not a developer." The rest of his witnesses included John Metli, Elbert County Commissioner, rancher and member of CCI (Colorado Counties, Inc. - a lobbying organization for Colorado counties, supported by corporate dollars... Ray Wells has contributed in the past). He testified that CCI voted a month ago to unanimously support HB08-1007. Mr. Metli, lots can happen to a bill passing through legislation in a month...good or bad. The El Paso County assessor reiterated the depressed property values in that county. One of the same developers from Ellicott who testified before the House Transportation and Energy Committee hearing in January spoke again because he wants desperately to get better interest rates for his development. Diane Evans, representing the Land Title Association of Co. also spoke. Title companies said they were "neutral." (Check out the list of lobbyists that are watching!)

All citizen testimony was passionate and articulate. The message was that they would rather keep the 'clouds on their titles' than have unsuspecting buyers find out too late that their property is in the corridor...without any notification. The bill was labeled as "dishonest" by Sharon Croghan, Weld County. The committee members were confused by the bill and...when it looked like the vote might proceed and 1007 would go down screaming in flames, Senator Romer laid it over for amendments to ''fix it." It will be probably be heard Monday, April 14th, and once again, there will be no citizen input regarding whatever amendments are proposed.

As Crosby Stills and Nash sang, "We have all been here before...."

This bill can't be fixed, unless some mighty big chunks are taken out of it. For me, the most important issue is "pre-existing private toll road companies." There is only one pre-existing private toll road company. We know it. Ray knows it. His lobbyists know it. His lawyers know it. Legislation should NOT be written which addresses and benefits one private company. Re-write the bill, if you wish, but make Ray follow the same rules as every other toll road in the future. You can't look backward and forward at the same time. Take 'pre-exisitng' out of the language and the bill will look like it's been hit with plastic explosives. Those words are woven throughout HB08-1007....there won't be much left.

David Foster, the Super Slab lawyer, testified that Ray & Co are 'neutral' on HB08-1007. Check out the list of Ray's lobbyists who have been attached to 1007 like leeches in a Lousiana swamp. Kathy Oatis is listed 3-4 times. She didn't sit through almost 5 hours of testimony yesterday for her health. HB08-1007 gives Ray Wells a green light. It sets a precedent that gives the Super Slab an air of legitimacy. "pre-existing" is a powerful term. Oatis and Co. know it.

Write and call all five members of the Senate Veterans and Military Affairs Committee and tell them that you don't want an amended bill. HB08-1007 needs to die, and more thought again needs to go into fair and transparent transportation private toll road legislation which will treat Colorado citizens' property rights with respect, as well as address the issue of real transportation projects (not that of the mere concept of a 'filed corridor') which will be needed for the future infrastructure of Colorado.

STAY FOCUSED. STAY INFORMED. STAY INVOLVED. STOP THE SUPER SLAB.

Tollman

SENATOR ABEL TAPIA CANCELS MEETING WITH CITIZENS

2008-04-08T10:56:00.001-07:00

Tuesday, April 8, 2008

Attention Toll Road Warriors!

This morning, Senator Abel Tapia (Chairperson, the Senate Veterans and Military Affairs Committee, and Senate Sponsor of HB08-1007, Representative Looper's toll road bill) canceled appointments with the citizens scheduled to meet with him this afternoon. He said he has matters more pressing of a personal nature. He might be able to squeeze us in for five minutes tomorrow before the hearing for HB08-1007. It makes us wonder how much time he has logged with lobbyists trying to infringe upon our personal property rights and sully our dreams.

Could you take a few moments to drop Senator Tapia a telephone message or an e-mail explaining that there will be many citizens coming down tomorrow @ 1:30 PM? We would like to know that he finds people as worthy of his time as he may corporate lobbyists, and that he cares about the property rights of the citizens of Colorado. If you have friends impacted by this corporate land and water grab, please pass this along.

HB08-1007 THERE IS STILL TIME TO MAKE A DIFFERENCE AND KILL THIS BILL

2008-04-07T20:21:00.000-07:00

Dear Warriors,

We went to the Capitol today to speak with the members of the Senate Veterans and Military Affairs Committee. We were told that they are receiving many emails and phone calls from citizens against HB08-1007. One Senator was intrigued that there had been NO phone calls or emails from citizens in the corridor who are for HB08-1007. What a surprise. I hear crickets.

Please continue to write and call your Senators. It is having an impact, and their learning curve on toll roads seems to have increased dramatically in the past few days. We will be there again tomorrow to speak with our legislators, and we hope that you are able to come to the Capitol on Wednesday, April 9, @ 1:30 PM, Rm. SC 356. Bring your neighbors, your family, your friends, anyone who will be impacted if this bill proceeds. Let's get that room packed with Eastern Plains residents. If possible, sign up to testify. (You may want to write your testimony down, practice reading it, and try to keep the length at approximately 3 minutes, in case the Committee Chair decides to limit the time people may speak.)

If you haven't already read it, it would be time well spent reading Rob Dougherty's latest www.stupidslab.com post. He analyzes HB08-1007 in depth. If you didn't understand what's wrong with this bill before, you will after reading his excellent article.

FYI - There are some $4 'all day' parking lots southwest of the Capitol, on the west side of Broadway. You can also catch the Light Rail @ Lincoln. (Adult round trip is $8, $4 for senior citizens.) Take the F Line. Get off @ California St., take the free shuttle to Broadway and Colfax, and walk one block east to the Capitol. Remember to enter the building on the South side, basement. You will have to go through a security check. Allow yourself enough traveling time (approx. 1 hr on the Light Rail). If you drive, park and walk, allow walking time to the Capitol.

Thank you for taking the time out of your busy lives to come downtown and stand up against HB08-1007.

STAY FOCUSED. STAY INFORMED. GET INVOLVED. STOP THE SUPER SLAB.

Tollman

REPRESENTATIVE MARSHA LOOPER'S LETTER TO CONSTITUENTS FOLLOWED BY RESPONSE

2008-04-06T22:00:00.001-07:00

April 4, 2008

Dear Property Owners;

Over the last two years I have had the opportunity to talk with many disappointed property owners in the Prairie Falcon Parkway Express corridor. Property owners who continue to experience a loss of value to their homes due to unintended consequences in the existing Colorado Statutes. Property owners who are asking for help to protect their private property rights and ensure that other property owners are not harmed by some of the provisions in the existing toll road statutes.

In an effort to provide relief for property owners in the corridor it has been a privilege to work with many private property owners, title companies, county clerk & recorders, county assessors, county commissioners, land use attorneys and toll road companies on the language for House Bill 1007. House District 19 has thousands of impacted property owners in the Prairie Falcon Parkway Express corridor, property owners that need and want relief from two laws that need to be amended this session;

(1). Colorado Revised Statute, 7-45-101, allows a private toll road company in its corporate file formation documents to specify and map a three-mile wide highway that includes private property of other landowners! I believe by allowing a private toll road company the authority to file this map and specify a three-mile wide corridor, the state has essentially allowed a private toll road company to claim private property without compensating the private property owner. A claim that no private company should ever have now or in the future!

(2). Colorado Revised Statute 7-45-108, requires private toll road companies to file with the County Clerk & Recorders documents that state “INTENT TO CONSTRUCT A TOLL ROAD…” The County Clerk & Recorders are then directed by law to RECORD these documents onto every property title in the private toll road corridor. Property titles are then clouded by a toll road project that HAS NEVER BEEN APPROVED by any governmental agency. Property owners have not been compensated and these toll road documents are driving down the value of their property! Mark Lowderman, the El Paso County Assessor, estimates that property owners in the corridor may experience a loss in property values of up to 25% due to these RECORDED toll road documents. In essence a parcel of property that had a value of $100,000 prior to the recording of the toll road documents now only may have a value of $75,000.

Many property owners have been unable to sell, refinance or secure loans because property titles have been damaged by these toll road documents; individuals have been denied loans to remodel their homes, soldiers have not been unable to sell their homes and developers are unable to build affordable housing for the troops in Eastern El Paso County.

Title companies, mortgage companies, banks and other potential lenders view these private toll road documents that are RECORDED on the titles as a lis pendens (lien). This is the primary reason property owners are unable to sell or develop their private property within the corridor.

Both C.R.S. 7-45-101 and C.R.S. 7-45-108 have unintended consequences that are causing negative impacts on property values and undue stress to the property owners within the Prairie Falcon Parkway Express corridor. These laws need to be corrected this session! Passing House Bill 1007 is the remedy to remove these documents from the property titles and prevent a private toll road company from claiming private property in the future.

If House Bill 1007 passes in it’s current form and is enacted, a private toll road company WILL BE PROHIBITED from specifying, mapping a three-mile wide highway and claiming any private property in their corporate file formation documents in the future!

If House Bill 1007 passes in it’s current form, the County Clerk & Recorders will BEGIN VOIDING ALL of the private toll road documents including the “INTENT TO CONSTRUCT A TOLL ROAD…” from the effected property titles. Titles in the corridor should be void of all of the Prairie Falcon Parkway Express corridor documents and property owners should be experience relief within ninety days of passage and enactment of House Bill 1007.

There is concern if House Bill 1007 fails, property owners in the Prairie Falcon Parkway Express corridor will continue to suffer losses in property values, private toll road documents will continue to be recorded on to their property titles without any type of compensation and private toll road companies will continue to specify map and claim private property in their corporate file formation documents!

The U.S. Constitution states “The right of the people to be secure in their persons, houses, paper, and effects, against unreasonable searches and seizures, shall not be violated….” Currently, the only way to remove these documents from the titles and attempt to make property owners whole again is by changing the law and clearing up the titles. That is what House Bill 1007 does!

Please help me protect your private property rights by supporting House Bill 1007. You are invited to show your support by calling and emailing the members on the Senate State, Veterans, Military Affairs Committee. You are also invited to testify in support of your private property rights and House Bill 1007 on Wednesday, April 9th at 1:30 in the Senate Committee Room 356. Thank you for your time on this very important issue.

Respectfully,

Marsha Looper
Colorado House of Representatives, HD19
Ranking Member of House State, Veterans and Military Affairs Committee

****

April 6, 2008

I have just had the chance to read the newest missive issued by Representative Marsha Looper (R-El Paso County) asking for support of her latest toll road bill. HB08-1007 is scheduled to be heard before the State, Veterans and Military Affairs committee in the Senate on Wednesday, April 9, 2008. Words cannot adequately express just how deceitful this latest letter was, but I will attempt to wade through her half truths in hopes we can stop this horrible bill before it is too late.

Looper always talks about the constituents for whom she is advocating, but she has been unable to produce very many actual people who are impacted and living in the corridor. If you question what I am saying, then you have not listened to the testimony phase of HB08-1007. Looper had one rancher who was genuinely upset, but clearly did not understand that this bill would offer him almost no relief. Looper did produce two witnesses who wanted the ability to get a better interest rate for their development plans in Falcon and did not seem too concerned about the reckless misfiling made by the PFPE in Adams County. For the record, one witness was for the private toll road being built, one was neutral and one did not say anything other than that the corridor was destroying his life so we took that as a big vote against the road.

We have heard from hundreds of people over the past two legislative sessions who think that Looper has jumped sides, does not understand the issue, or is more interested in her real estate friends than she is in the people who voted her into office. While I won’t go so far as to accuse Looper of working for the proponents of the Superslab, I will say she does not listen to any of the coalitions on the Eastern Plains. She goes out of her way to marginalize the opinion of anyone who opposes her bill and seemingly will stop at nothing to undercut the will of the vast majority of impacted citizens living in the hostage zone.

Point (1) in Looper’s letter dated April 4th, 2008 says she does not believe that private toll road companies have the right to file a corridor. We could not agree with her more, but her bill, HB08-1007, caters to the untested notion that Ray Wells has {the only?} vested right in the current corridor and does nothing to make it go away. This was a significant detail that she left out of her missive. Under HB08-1007 only one private toll road company (PTRC) has the benefit of a perpetual hostage zone, and that one and only is the Prairie Falcon Parkway Express. This bill gives that corridor an air of legitimacy. The corridor and all of its adversity remains. Future PTRC’s won’t be able to do what Mr. Wells did, which is great, but the bill makes it harder than ever get rid of the one project that actually provides almost no transportation benefit to Colorado.

Point (2) should be titled “Hiding the Ball 101.” If I have heard it once, I have heard it a thousand times: Nobody would have bought their property out in the corridor had they known that this project was in the works.

By eliminating the notification requirements, as suggested by HB08-1007, no one will know about one of these thinly guised land grabs until the road is a done deal. Anyway you slice it, this is just an attempt to allow developers to build with reckless abandon without having to worry about any of those pesky buyers having any way to know what is about to happen to them. Lest you forget, Looper is a real estate agent and her developer friends want to build up until the day a PTRC is made legitimate by the announcement that a project has made it onto the Statewide Transportation Plan.

If the El Paso County Assessor’s Office is correct, there has been a 25% drop in property values then we need to examine what HB08-1007 will actually do to relieve residents. Until the impacted property changes ownership, nothing will be removed from the titles. The bell that is the toll road project has been rung and until that corridor is eliminated, sellers and their agents run the risk of litigation for not disclosing the existence of the PFPE hostage zone. The property values will continue to be artificially held below those in surrounding markets and thus make it easier for the toll road company to purchase property for $.75 or less on the dollar.

Next, Ms. Looper plays the patriotism card. She says in essence, our soldiers can’t live out here in the corridor unless you pass HB08-1007. This is as about as low as you can go. How about putting forth a bill that actually challenges the false claim that the Prairie Falcon Parkway Express has a vested right in this unfair corridor? Soldiers are fighting to protect our freedoms, which include property rights. Ray Wells has laid siege to the property rights of thousands of property owners. How about fighting for the soldier’s rights, Representative Looper?

It is true that title insurers, mortgage companies and other lenders are erroneously viewing the disclaimers of interests as a “lis pendens.” Unfortunately, Looper says that “lis pendens” means a lien. It does not. What it means is that they are viewing the filed documents as a “suit pending.” Recording a “lis pendens” against a piece of property alerts a potential purchaser or lender that the property’s title is in question, which makes the property less attractive to a buyer or lender. The corridor’s existence is still there and these money groups will not feel any better about titles being questionable.

Making the claim that the voiding of the toll road documents will begin within 90 days of the enactment of HB08-1007 gives the impression that the corridor goes away and that these documents will no longer be on your titles. This is not true. Nothing is removed until the property changes hands and only a statement declaring these documents null and void will be sent to title companies and the county clerks. As it has been stated so many times before, it is just more verbiage likely to be put on your title and only further confuses issues. It is like putting a sign on your lawn that says, "No bank robbers hiding inside." That might make your neighbors a little nervous. You decide to assuage their concerns by posting a sign that says that the first sign should be ignored. It is doubtful that your neighbors would be any happier. Finally you decide to post another sign that says that the earlier signs are now officially null and void. So when you say that Ray’s disclaimer of interest is void, are you telling his investors that he does have an interest in all of this property? Clear as mud, Representative Looper.

As if bringing the soldiers into the discussion earlier was not bad enough, Looper then throws in the whole enchilada by citing a passage from the U.S. Constitution designed to spawn yet another patriotic response. Does HB08-1007 really protect the Constitution, or does it hide the intentions of a profit motivated land grab under the flag of this country?

More than thirty lobbyists representing the business interests of developers are watching this bill for their clients. Only a couple of the lobbying firms that are looking at this issue represent the environment. No lobbyists other than citizen volunteers are standing up for the people. If HB08-1007 is such a godsend for the people, then why for two years have the citizens who are living in the corridor busted their behinds to kill Looper’s toll road bills? If this is what Representative Looper calls help, we hope she finds another cause soon. We don’t need this kind of help.

Robert Thomasson

YOUTUBE - STOP HB08-1007 - PLEASE FORWARD

2008-04-05T21:34:00.000-07:00

KILLING HB08-1007...CONTINUED - SAMPLE LETTER

2008-04-04T07:47:00.000-07:00

Dear Toll Road Warriors,

The campaign to kill HB08-1007, is well under way. We hope that you, along with your family, neighbors and friends, will be able to attend the hearing this coming Wednesday, April 9th at the State Capitol. Your presence and testimony will be imperative.

Emails and phone calls will also be extremely helpful. Contact information is listed at the end of this blog entry. When you email a Senator, sent along a picture of your family and your ranch, your property, your animals, whatever is dear to your heart on the Eastern Plains. If you are able to come to the hearing on Wednesday, but your neighbor(s) is not, please bring a picture of your neighbor and his family to share with the Committee. Our Senators need to see the faces of the citizens who are being minimalized and would be deeply harmed if this bill should pass.

Below is a sample letter that you are welcome to use or modify to send to the Senate Veterans and Military Affairs Committee.

********************

Dear Senator _____,

This coming Wednesday, April 9th, you will be hearing Rep. Looper's toll road bill, HB08-1007 in the Veterans and Military Affairs Committee. I urge you to vote NO on HB08-1007 for the following reasons:

1) HB08-1007 addresses "preexisting" private toll roads ( the Prairie Falcon Parkway Express) and future toll roads. They are addressed differently in HB08-1007 giving the PFPE unfair advantages over future toll roads. One piece of legislation should not be written specifically for one private project

2) HB08-1007 hides disclosure from the public. Potentially impacted citizens would not know about the project until it was adopted into the statewide transportation plan.

3) HB08-1007 does NOT clear property titles clouded by the Super Slab. In this bill, a disclaimer of interest or map filed or recorded is 'declared VOID' but does not require title companies to record the void on affected (preexisting) titles.

4) New toll roads will not be required to file maps with routes to County Commissioners (required now for 'preexisting' private toll road companies).

5) HB08-1007 grants immunity to "preexisting private toll roads (PFPE) and to title companies for incorrect filings. Citizens will have no legal recourse if they have been damaged (and they have!).

6) The Super Slab corridor will still exist if HB08-1007 passes. Property owners will continue to watch the value of their properties/businesses decline with no legal recourse.

HB08-1007 does NOT solve the problems that have been created by the Super Slab. It benefits one toll road company while damaging the residents (over 5000) of the Eastern Plains. We need toll road legislation which will properly address real transportation problems in Colorado, not legislation which protects and promotes the greed of one private corporation.

I ask you again to please vote NO when you hear HB08-1007.

Respectfully,

name
county
contact information

************
Veterans and Military Affairs Committee

Sen. Abel Tapia 303.866.4878
Sen. Chris Romer 303.866.4852
Sen. Bill Cadmen 303.866.2737

Sen. David Schultheis 303.866.4835
Sen. Sue Windels 303.866.4840

abel.tapia.senate@state.co.us;

chris.romer.senate@state.co.us;

bill.cadman.senate@state.co.us;

senatorschultheis@gmail.com;
senatorwindels@comcast.net,

***********

Peter Groff, President of the Senate
District 33, D
Phone: 303-866-4864
Email: peter.groff.senate@state.co.us

Ken Gordon, Majority Leader
District 35, D
Phone: 303-866-3341
Email: ken@kengordon.com

Brandon C Shaffer, Assist. Majority Leader
Phone: 303-866-5291
Email: Brandon@brandonshaffer.com

Andrew McElhany, Minority Leader
Phone: 303-866-2318
Nancy Spence, Assist. Minority Leader
Phone: 303-866-4883
Email: nancyspence@qwest.net

Suzanne Williams, Assist. Caucus Chair
Phone: 303-866-3432
Email: Suzanne.wiliams.senate@state.co.us

Bob Bacon
Phone: 303-866-4841
Email: bob.bacon.senate@state.co.us

Betty Boyd
Phone: 303-866-4857
Email: betty.boyd.senate@state.co.us

Greg Brophy
Phone: 303-866-6360
Email: greg@gregbrophy.net

Dan Gibbs
Phone: 303-866-4873
Email: dan.gibbs.senate@state.co.us

Bob Hagedorn
Phone: 303-866-4879
Email: senbob@msn.com

Ted Harvey
Phone: 303-866-4881
Email: ted.harvey.senate@state.co.us

Jim Isgar, Majority Caucus Chair
Phone: 303-866-4884
Email: isgarsenate@frontier.net

Steve Johnson
Phone: 303-866-2586
Email: steve.johnson.senate@state.co.us

Maryanne “Moe” Keller
Phone: 303-866-4856
Email: Senatorkeller2002@yahoo.com

Ken Kester
Phone: 303-866-4877
Email: electkenkester@hotmail.com

Mike Kopp
Phone: 303-86-2638
Email: mike.kopp.senate@state.co.us

Shawn Mitchell
Phone: 303-866-4876
Email: shawnmitch@aol.com

John P Morse
Phone: 303-866-6364
Email: john.morse.senate@state.co.us

Josh Penry
Phone: 303-866-3077
Email: joshpenry@gmail.com

Scott W Renfrow
Phone: 303-866-4451
Email: scott.renfroe.senate@state.co.us

Paula E Sandoval
Phone: 303-866-4862
Email: nwden34@yahoo.com

Gail Schwartz
Phone: 303-866-4871
Email: gail.schwartz.senate@state.co.us

Stephanie Takis
Phone: 303-866-4855
Email: Stephanie.takis.senate@state.co.us

Jack Taylor
Phone: 303-866-5292

Lois Tochtrop
Phone: 303-866-4863
Email: lotochtrop@aol.com

Ron Tupa
Phone: 303-866-4872
Email: ron.tupa.senate@state.co.us

Jennifer Viega
Phone: 303-866-4861
Email: Jennifer.viega.senate@state.co.us

Steve Ward
Phone: 303-866-4846
Email: steve.ward.senate@state.co.us

Tom J Wiens
Phone: 303-866-4869
Email: tom@tomwiens.co

KILL HB08-1007 NOW!

2008-04-02T10:41:00.000-07:00

Dear Toll Road Warriors,

Yesterday we watched the House Transportation and Energy Committee kill HB08-1343. This bill would have plugged numerous holes that existed in current toll road legislation, and would have given relief to the 5000+ residents of the Super Slab hostage zone. Instead, the bill met a loud, resounding death, as Rep. MacFadyen sent it cascading down the cliffs. Members who were against the bill couldn't have voiced their "no" votes faster. It is a terrible shame that members of this transportation committee had such little understanding of the issue (Super Slab, Ray Wells, etc) that they were swayed by a room full of lobbyists whose only interests involved their clients...the corporations involved with the Super Slab project, and not the people of Colorado, the people they are to be representing.

******

Moving on....as we must, as we will:

As mentioned in the previous blog, Rob Dougherty's Stupidslab Update, HB08-1007 will be heard next Wednesday, April 9th, @ 1:30 in Room SCR 356, by the Senate State, Veterans and Military Affairs Committee.

Let me repeat myself:

A TRANSPORTATION BILL WILL BE HEARD BY THE SENATE STATE, VETERANS AND MILITARY AFFAIRS COMMITTEE NOT BY THE SENATE TRANSPORTATION COMMITTEE, chaired by Senator Stephanie Takis, who has championed toll road legislation in the past. Think HB08-1007 is being orchestrated? You bet your toll-road-depreciated- property value it is! There are 39, count them, 39 LOBBYISTS working on HB08-1007. Kathy Oatis (Ray Wells' lobbyist) is listed at least 4 times, representing entities who want this legislation.

Try to imagine how much money is floating to push this bill through. Who will the bill benefit? If you live in the Super Slab hostage zone, trust me....NOT YOU. Representative Marsha Looper campaigned as a champion of the people of El Paso County, the Representative who promised she would protect her constituents who live in the Super Slab corridor. I hope you're wearing lots of protective gear, because you are ALL being thrown under the bus.

How do you fight this? It's going to be tough.

•A committee that doesn't have the background knowledge regarding toll road legislation will hear the bill next week.

•The Chair of the committee, Senator Abel Tapia, is working closely with Rep. Looper on other legislation.

•The Chair of the committee, Senator Abel Tapia, is the sponsor or HB08-1007 in the Senate and will present the bill.

•There are 39 listed lobbyists championing this bill right now with the 5 committee members, pulling them out of meetings, giving them talking points.

•HB08-1007 passed through the House unanimously. It has grown ugly legs.

Here is my suggestion: There are 5000 of YOU in the corridor. (That's a difference of 4961 people.) You need to stand up now and put an end to HB08-1007. Write these 5 committee members. Call their offices. Tell them that under no circumstances do you want this bill passed. Most importantly, SHOW UP next Wednesday, April 9th @ 1:30 PM! Take the day off of work. Bring your kids. Bring your neighbors. Bring pictures of your families and your property. Please, please get involved and help to stop this bill.

If HB08-1007 passes, it will be very difficult to undo the damage it will cause.

Once again, below is the contact information for the Senate State, Veterans and Military Affairs Committee. Remember, there are only 5 members on this committee. Senator Tapia will present the bill to the 4 remaining committee members.

Senator Abel Tapia, Chairman
Email: abel.tapia.senate@state.co.us
Phone: 303-866-4878

Senator Chris Romer, Vice-Chairman
Email: chris.romer.senate@state.co.us
Phone: 303-866-4852

Senator Bill Cadman
Email: bill.cadman.senate@state.co.us
Phone: 303-866-2737

Senator David Schultheis
Email: Sentorschultheis@gmail.com
Phone: 303-866-4835

Senator Sue Windels
Email: senatorwindels@comcast.net
Phone: 303-866-4840

abel.tapia.senate@state.co.us; chris.romer.senate@state.co.us; bill.cadman.senate@state.co.us; senatorschultheis@gmail.com;
senatorwindels@comcast.net
abel.tapia.senate@state.co.us, chris.romer.senate@state.co.us, bill.cadman.senate@state.co.us, senatorschultheis@gmail.com,
senatorwindels@comcast.net

Tollman

STAY FOCUSED STAY INFORMED GET INVOLVED!!!! STOP THE SUPER SLAB

Stupidslab News - 04/02/08 - The Wrong Bill Advances

2008-04-02T08:51:00.000-07:00

1. HB-1343 (the good bill) was killed by the House Transportation and Energy Committee on Tuesday. We've seen this coming and the planning for getting a bill passed next year has already begun. We won't stop until there is a solution to the corridor situation.

2. HB-1007 (the bad bill) was passed by the House and has a hearing before the Senate State, Veterans and Military Affairs Committee next Wednesday. We need your email, phone callsand attendance to stop this bill. If it passes it becomes even more difficult to get it done correctly in the future.

House Bill 1343, which would have eliminated toll road corridors until they passed a preliminary approval, was voted down on Tuesday. The full committee hearing on this bill was several weeks ago. Today they only considered amendments which would have stripped the bill down to the language limiting the use of eminent domain by railroads. At the earlier hearing everyone including CDOT and the lawyer for the Super Slab said that the railroad language was acceptable but they apparently changed their minds in recent weeks. It was clear after the first hearing that the bill was sunk. In the past, when committees have wanted to help us with a bill, their questions and criticisms were constructive and they worked with us to get the bill into a form they would pass. This time it was like they were immediately throwing their hands up andsaying this is so confusing, I just can't understand it. I suppose we could have done a betterjob of explaining the bill but I think they chose to go with the bill that wasn't being opposed by the Prairie Falcon Parkway Express.

The agreement that was apparently made regarding Rep. Looper's bill, HB-1007, gave the Super Slab something they wanted (immunity from lawsuits) in exchange for their not opposing something they didn't even care about (voiding the recorded notices and disclaimers.) The Super Slab company has no reason to care what happens to the documents filed with county clerks. They don't care if they're voided, expunged, shredded or printed on milk cartons. There was no need to give them anything in exchange for the documents being voided. It is the worst deal made since Jack traded his cow for some worthless beans. And when HB-1007 was introduced it only gave immunity for documents that were "lawfully" filed but that word has been deleted. Now they would get immunity even for intentional and unlawful filings such as the situation in Adams County.

Another change to HB-1007 since it was introduced is that any future toll road incorporations will not involve corridors. When they apply for approval of their project they name the route, not a corridor. There is never any perpetual 3-mile wide corridor created. The bill has about doubled in length to make sure that every section has a version for "pre-existing" toll roads and another for "new" toll roads. This way the Super Slab gets to keep a 3-mile wide corridor but no one else can ever have one. This approach is predicated on the Super Slab's claim that they have a vested exclusive right to develop a toll road in their corridor that can't be taken away from them. It is highly debatable whether such a vested right exists. During hearings committee member and attorney Rep. Claire Levy thought not and retired attorney Rick Brown of the High Plains Coalition for Responsible Transportation Policy didn't buy it either. The Super Slab lawyer, David Foster, actually made an error in arguing this point before the transportation committee. He cited the Colorado Supreme Court decision in the DeWitt case which says that "when considering whether a vested right is implicated, we consider (1) whether the public interest is advanced or retarded." Foster argued that building a toll roadwould provide infrastructure and thus advance the public interest. The problem is that the test is supposed to be applied to the statute in question, not to the potential right. So the question would be whether HB-1343 advances or retards the public interest. And the answer is that it would advance the public interest by solving the "clouds on titles" problem. So, the issueFoster raised is a winner for toll road opponents and not for the Super Slab.

[My reading of In Re Estate of DeWitt is supported by the discussion of the DeWitt language given by Professor Jan Laitos of the DU Law School in his book "Law of Property Rights Protection: Limitations on Governmental Powers." Laitos, who was formerly a clerk to the Chief Justice of the Colorado Supreme Court, has written extensively on retroactive legislation. See
https://law.wustl.edu/journal/52/159.pdf http://books.google.com/books?id=__JIToDu0DsC ]

A bill should not be passed with all of this double language for new/old toll road companies. The legislature has the power under at least three provisions of the state constitution to apply one set of rules to all toll road corporations. House Transportation Committee members asked a few questions about ex post facto (retrospectivity) issues during hearings but there were not many answers given. The friendly man from the Super Slab put out his side of the story (mistakes and all) but no experts were consulted. For the legislature to abolish corridors but exempt the only company that is actually causing a problem would be unforgivably remiss.

--------------------------------------------------------------------

We haven't been asking for crowds of people to go to the capitol since 2006. At that time we were getting about 400 people to each hearing. The committees were well aware that there were a lot of us and they had heard our personal stories so we stopped pushing attendance. We haven't had a hearing with this committee before and I think the legislature in general may have decided that not that many of us are still motivated. So please attend the hearing if you can. It is scheduled for Weds., April 9 at 1:30pm in Room SCR 356.

--------------------------------------------------------------------

The "Save Our Homes Coalition" is the Super Slab opposition group in Weld County. They have been working for us since 2005 and they would welcome donations to help meet expenses. Send a check if you can to:

SOHC
PO Box 575
Keenesburg, CO 80643
--------------------------------------------------------------------

Please email or call the members of the Senate State, Veterans and Military Affairs Committee. Ask them to kill HB-1007 because it doesn't solve the problem of the Super Slab corridor (which CAN be solved) and it gives immunity from liability even for reckless and intentionally improper acts. Addresses are below.

--------------------------------------------------------------------
Senator Abel Tapia, Chairman
Email: abel.tapia.senate@state.co.us
Phone: 303-866-4878

Senator Chris Romer, Vice-Chairman
Email: chris.romer.senate@state.co.us
Phone: 303-866-4852

Senator Bill Cadman
Email: bill.cadman.senate@state.co.us
Phone: 303-866-2737

Senator David Schultheis
Email: Sentorschultheis@gmail.com
Phone: 303-866-4835

Senator Sue Windels
Email: senatorwindels@comcast.net
Phone: 303-866-4840

abel.tapia.senate@state.co.us; chris.romer.senate@state.co.us; bill.cadman.senate@state.co.us; senatorschultheis@gmail.com;
senatorwindels@comcast.net
abel.tapia.senate@state.co.us, chris.romer.senate@state.co.us, bill.cadman.senate@state.co.us, senatorschultheis@gmail.com,
senatorwindels@comcast.net

---------------------------------------------------------------------
Rob Dougherty
Pueblo County
www.stupidslab.com

THE STATE OF CURRENT TOLL ROAD LEGISLATION by Robert Thomasson

2008-03-30T09:18:00.000-07:00

Following is a statement from Robert Thomasson regarding the recent turn of events regarding the 2008 toll road legislation. This is not being issued in his capacity as spokesperson for the High Plains Coalition for Responsible Transportation Policy. It is Robert Thomasson's opinion only.

By now, most of you know that Representative Debbie Stafford signed on as a cosponsor to Representative Marsha Looper’s toll road bill, HB08-1007. This will no doubt anger some of the people who have had problems with the actions of Rep. Looper in the last two legislative sessions. I, too, have had trouble agreeing with much of what Rep. Looper has done since early in the 2006 legislative session.

Looper’s current bill, which has now passed from the House of Representatives and is heading for the Senate, does more to benefit the supporters of the Prairie Falcon Parkway Express (PFPE) than it does for anyone living in its hostage zone. I am trying to wean myself from calling it a corridor. The term “corridor” sanitizes what in many reasonable minds can only be referred to as a corporate land and water grab. Hostage zone residents might get another ineffective dose of title clearing verbiage from HB08-1007, but until the Colorado State Legislature gets its head around the notion that the PFPE claim does not represent a vested interest, the property owners will likely realize no substantial relief.

Rep. Stafford’s cosponsorship in no way should be interpreted as an endorsement of HB08-1007 by the High Plains Coalition for Responsible Transportation Policy, Elbert, CO. Rep. Stafford’s decision came as a complete surprise to the HPCRTP and was made independent of any of our membership. With her recent change of party affiliation, Rep. Stafford has demonstrated that she votes in a manner that she believes is consistent with her personal beliefs even if it means she catches heat from colleagues. After discussing her cosponsorship of HB08-1007, Representative Stafford stated she believes that there is enough good in HB08-1007 that it deserved her endorsement. We respectfully disagree and are disappointed.

HB08-1343 is scheduled to be heard on Tuesday, April 1, 2008. I harbor very little hope of this, our legislation, passing through the House Transportation and Energy Committee. This is probably a fitting day to have the vestiges of a worthy piece of legislation meet its demise. This is a day when most Americans expect pranks which make people look foolish.

The treatment that supporters of HB08-1343 have received by House Chairperson Buffie McFayden has been both demeaning and tedious. This treatment should come as no surprise to anyone who has been following the toll road issue closely. Since the Spring of 2007 when citizens rallied to get Rep. Looper’s bill, HB07-1068 killed, Rep. McFayden has demonstrated disdain for the residents of the Superslab’s hostage zone. She has simultaneously afforded Rep. Looper every consideration this legislative session regarding HB08-1007. This bill, which protects corporate interests and erodes the rights of future residents who might find themselves in the cross hairs of one of these land grabs, is an attack on the important disclosure provisions of HB06-1003.

In my opinion, congratulations are in order for the effective, and underhanded methodology employed by Ray Well’s lobbyist, Kathy Oatis. In previous years, Ms. Oatis has never distinguished herself as clearly as she has this legislative session. This year was a banner year for Ms. Oatis because she was able to propel her client’s corporate agenda to new heights by convincing Reps. McFayden and Looper that personal property rights are merely an annoying impediment to the rights of the worthy businessmen who have designs on the 630 square miles of real estate in the hostage zone. Well played, Kathy. The coup des grace comes in the form of a transportation bill, ending up being heard in the Senate Committee on Military Affairs, safely away from the transportation experts (chaired by Senator Takis) who might easily see through this thinly guised PTRC gift bag. A fitting insult that must bring great joy to the kindly old man who has had his dream so rudely interrupted. Finally, those mean landowners, whose audacious defense of their homes has caused Mr. Wells such grief, have gotten their comeuppance.

Let it be known, the people of the Eastern Plains of Colorado who have been victimized by the Superslab, will never stop showing up at the Colorado State Capitol. Until legislation is in place that protects the property rights of tax paying citizens, we will be there. Our homes are not term limited. Our homes are not game pieces to be manipulated by elected officials who say they are tired of the complaints from the land owners. This isn’t over.

HB08-1343 MOVED TO TUESDAY, APRIL 1ST

2008-03-25T15:58:00.000-07:00

Dear Toll Road Warriors,

I just spoke with Representative Debbie Stafford about HB08-1343. Representative McFadyen has laid the bill over until next Tuesday, April 1st. When the time has been confirmed, I will post it on the blog. Once again, remember that when the bill is finally heard in Committee, it will be "for action only." No testimony will be allowed from the public.
Next, Rep. Stafford has gone back to the drafter to re-instate the language originally requested by CDOT (CDOT's only issue with the railroad portion of the bill). That change was "light rail" to "passenger rail."
The version of the bill that will be heard on Tuesday will be Loo7.

Tollman

SAMPLE LETTER TO HOUSE TRANSPORTATION COMMITTEE RE: SUPPORTING HB08-1343 "RAILS"

2008-03-23T17:36:00.000-07:00

Dear Toll Road Warriors,

As promised, below is a sample letter that you may use if you wish to contact your House Trans. and Energy Committee regarding HB08-1343. E-mails and/or phone calls would be appreciated. The Committee will be lobbied very hard before the bill is heard by the toll road lobbyists, and as citizens, you have a right to let your representatives at the State Capitol know how important this legislation is and how you feel. Beneath the sample letter is the list of contact information.

Thank you for taking the time to make these contacts.
Tollman

========================================

STAY FOCUSED STAY INFORMED STOP THE SUPER SLAB

========================================

Dear Representatives,

On Thursday, March 27, you will be hearing HB08-1343, Representative Stafford’s toll road bill (for action only). This bill is now in strike-below form, leaving only the portion dealing with railroads. I urge you to support this bill for the following reasons:

• HB08-1343 states that, if you are going to be a legitimate railroad company, you must demonstrate that by owning rolling stock and maintaining track.

• Becoming a railroad company (and therefore having the powers of eminent domain over potentially thousands of citizens) should have more stringent requirements than a $50 filing fee, 30 minutes of computer time, a few office staff members signing on as Board Members, and a set of board meeting minutes.

• The major rail carriers are not opposed to this bill.

• HB08-1343 does not discourage companies from building rails in conjunction with existing rail companies or from purchasing an existing rail company.

• Partnering with an existing rail company would minimize financial risk on the part of a start-up railroad company.

• In 2006, Ray Wells said that when the power of eminent domain was taken away from private toll roads, (SB06-078, Senator Tom Wiens) that it did not matter. He stated that he would build his toll road using the powers of eminent domain as a railroad company.

Once again, I ask you to please vote YES when you hear HB08-1343 (for action only).

Respectfully,

Your name
Your county
Contact information, if you wish

=========================

House Transportation Committee Members and Contact Information:

Chair: Buffie McFadyen

D, HD 47 Fremont / Pueblo

Ph: 303-866-2905

Email: buffie2006@hotmail.com

Vice Chair: Gwyn Green

D, HD 23 Jefferson

Ph: 303-866-2951

Email: gwyngreen@yahoo.com

Alice Borodkin D HD 9, Denver

Ph: 303-866-2910

Email: aliceb321@aol.com

Claire Levy D HD 13, Boulder

Ph: 303-866-2578

Email: claire.levy.house@state.co.us

Don Marostica R HD 51, Larimer

Ph: 303-866-2947

Frank McNulty R HD43, Douglas

Ph: 303-866-2936

Michael Merrifield D HD 18, El Paso

Ph: 303-866-2932

Email: michael.merrifield.house@state.co.us

Diane Primavera D HD 33, Adams

Ph: 303-866-4667

Email: dianne.primavera.house@state.co.us

Joe Rice D HD 38, Arapahoe

Ph: 303-866-2953

Email: joe.rice.house@state.co.us

Christine Scanlan D HD 56, Eagle

Ph: 303-866-2952

Email: christine.scanlan.house@state.co.us

Jerry Sonnenberg R HD 65 Logan

Ph: 303-866-3706

Email: jerry.sonnenberg.house@state.co.us

Spencer Swalm R HD 37 Arapahoe

Ph: 303-866-5510

Email: spencer.swalm.house@state.co.us

Glenn Vaad R HD 48 Weld

Ph: 303-866-2943

Email: glenn.vaad.house@state.co.us

Group Email List:

PC Version:

glenn.vaad.house@state.co.us;, spencer.swalm.house@state.co.us; ,jerry.sonnenberg.house@state.co.us; christine.scanlan.house@state.co.us; joe.rice.house@state.co.us; dianne.primavera.house@state.co.us;
michael.merrifield.house@state.co.us; claire.levy.house@state.co.us;
aliceb321@aol.com; buffie2006@hotmail.com; gwyngreen@yahoo.com

MAC Version:

glenn.vaad.house@state.co.us, spencer.swalm.house@state.co.us,
jerry.sonnenberg.house@state.co.us, christine.scanlan.house@state.co.us,
joe.rice.house@state.co.us, dianne.primavera.house@state.co.us,
michael.merrifield.house@state.co.us, claire.levy.house@state.co.us,
aliceb321@aol.com,buffie2006@hotmail.com, gwyngreen@yahoo.com

Understanding HB08-1343: Why It Is Imperative to Show Support For This Bill

2008-03-21T19:26:00.000-07:00

Hello, Toll Road Warriors,

On Thursday, March 20th, Representative Debbie Stafford attempted to have HB08-1343 heard by the House Transportation and Energy Committee (for action only). Chairperson Buffie McFadyen, after only a few minutes, and a lot of commotion in the hallway by the toll road lobbyists, used her prerogative to once again lay the bill over. It should be heard next Thursday, March 29th.

Rep. Stafford was presenting what is called a "strike below bill." That means that everything that was in the original bill was removed (struck out) EXCEPT for the original language regarding railroads. As you know, the railroad portion of HB08-1343 is short, concise, and addresses ONLY the concept that, if you are going be be a railroad, then you must own rolling stock and maintain track. It is still a powerful bill that packs a whollop.

The intention behind this remaining language is to disallow a private toll road corporation (PTRC) to regain the powers of eminent domain by claiming that they are a legitimate railroad company. As we demonstrated with the original legislation two years ago (SB06-078) which took the powers of eminent domain from private toll road companies, being granted the power of eminent domain should be more demanding than a $50 filing fee, a half-hour's computer work, and a set of minutes from a board meeting. It was no more trouble for us to file for the Big Fiction Railroad Co. than it was for Senator Wiens to file for his own private toll road company two years ago on his lunch break before the hearing of SB06-078.

There is no attempt in HB08-1343 to take away any powers of eminent domain for legitimate railroad companies or legitimate start-up railroad companies. The language in this bill was initially viewed by railroad officials from two Class I railroad companies and they did not raise a single objection.

Claims have been made that this language would make it impossible for a start-up railroad company to compete with existing rail carriers. But it does not. Any company wishing to enter into the railroad business and build a private toll road in conjunction with a rail project would need only to purchase an existing rail company or go into a partnership with an existing rail company. One might argue that such a requirement would be costly for a start-up company. Our sources suggest otherwise. To start a rail company from scratch, lay track and purchase rolling stock would have a prohibitively high price tag. Purchasing an existing rail company gains the start-up railroad company the business contacts and existing experience, while obtaining rolling stock at a depreciated value. A partnership provides shared experience and minimizes financial risk on the part of the start-up company.

It must be asked, "Do we want a toll road company cutting their 'railroad teeth' on what is expected to be a 2+ billion dollar ($2,000,000,000) rail investment on a project the size of the Prairie Falcon Parkway Express?"

The High Plains Coalition For Responsible Transportation Policy (HPCRTP - Elbert, CO) believes in light rail, commuter rail and passenger rail. Responsible transportation policy is our only goal, and as such, we do not wish to discount the future involvement of railroad companies from participating in the construction of multi-modal corridors. Heavy rail, freight service, etc, do not necessarily offer transportation solutions consistent with the moving of human beings. Often times the most dangerous of substances are carried on freight trains and there have been numerous instances where freight accidents endangered the lives of citizens, and these possible situations should be viewed, in our opinion, with extreme caution.

Moving the freight traffic from the I-25 corridor makes perfect sense because of its proximity to the traveling public. It makes no sense to reconstruct the same dangers associated with the I-25 corridor out on the Eastern Plains. The Class I railroad companies which are expert at doing the important work of moving the freight necessary for Colorado already have existing right-of-way adequate to accomplish such tasks while simultaneously not exposing a transportation corridor and the expected development that follows to unnecessary risk.

*******

Remember: Ray Wells' proposed Super Slab project has a companion railroad company, the Silver Railroad, formerly the Flat Penny Railroad, which overlays the 210 mile corridor.

Contacting your Colorado House Transportation Committee members early this coming week by email and by phone will be of the utmost importance. Look for a sample letter tomorrow with talking points, as well as all contact information for the Committee.

Robert and Gaye Thomasson
High Plains Coalition For Responsible Transportation Policy - Elbert, CO

Stupidslab News - 03/10/08 - HB-1007's Unconstitutional Grant of Immunity

2008-03-10T10:54:00.000-07:00

The short version: Giving immunity from lawsuits for past acts of negligence is retrospective and therefor unconstitutional.

The long version:

On Tuesday the House Transportation and Energy Committee held its hearing on HB-1343which would dissolve all toll road corridors and enact a new process for approval of toll road projects. CDOT had opposed the original plan to require every toll road proposal to enter a public-private initiative agreement but they withdrew their objection when that process was amended. A lawyer for the Super Slab, David Foster, told the committee that the bill was unconstitutional because it acted retrospectively (retroactively and unfairly) which is forbidden by the state constitution Article II, Sec. 11. His analysis was correct as far as it went but he ignored important factors that go into the decision of whether a statute is retrospective. In 2006 the Colorado Supreme Court gave a good explanation of the issue in City of Golden v. Parker. See "Section III. Analysis" at

http://www.courts.state.co.us/supct/opinions/2005/05SC282.pdf A paragraph from that opinion tells us what Mr. Parker didn't:

A determination that retroactive application of a law impairs a vested right is not dispositive of the retrospectivity inquiry because such a finding "may be balanced against public health and safety concerns, the state's police powers to regulate certain practices, as well as other public policy considerations." Retroactive application of a law that implicates a vested right is only permissible, however, if the law bears a rational relationship to a legitimate government interest. In past cases, we have "appl[ied] a balancing test that weighs public interest andstatutory objectives against reasonable expectations and substantial reliance."

But Foster's take on the issue seemed to be enough to give the committee the willies and it may be the death of the bill.

On Thursday the committee heard another toll road bill, HB-1007, which would void the notices recorded with county clerks. It would also give immunity from lawsuits for three categories of actions:

1. The act of preparing, filing, or recording the documents
2. The voiding of those documents
3. The inclusion or exclusion of toll road corridor information by title insurers

The committee had apparently forgotten the constitutional concerns of two days before. If not, they would have seen that the item #1, immunity for the filing of documents, is unconstitutionally retrospective. The first issue in that determination is whether the bill acts retroactively. The bill is intended to remedy the situation created by the Front Range Toll Road Company filing documents in 2006 and 2007. After the enactment of this bill companies will no longer file with county clerks. So #1 is always retroactive and never prospective. The otherissue is whether the statute would impair a vested right. If the Super Slab filed the required documents incorrectly (and they did in some cases), the landowners have a right to sue which is a vested right. A statute which denies them that right is retrospective and therefore unconstitutional.

In 2006 the Supreme Court of Georgia declared a newly enacted tort reform statute to be unconstitutional because it prevented certain lawsuits even if the injury occurred before theenactment date. There is a similar controversy in Missouri (and probably elsewhere.) In 2007 the Colorado Supreme Court issued its opinion in City of Colorado Springs v. Powell

( http://www.courts.state.co.us/supct/opinions/2005/05SC743-05SC746.pdf )

The issue was whether immunity from liability created by a 2003 statute was retrospective and therefore unconstitutional. They determined that that statute did not act retroactively so the statute was constitutional. But the case shows that the Colorado court would reject a statute barring lawsuits retroactively. That would be the case with HB-1007's immunity for acts that occurred in 2006 and 2007.

Item #2, immunity for voiding documents, would never be retroactive so there is no problem with it. But it seems unnecessary. The statute declares the documents void and doesn't tell anyone to remove them or take other action. So I don't know who could be at risk.

HB-1007 tells title insurers that they are not to include the voided corridor documents in their reports and policies. But then item #3 gives them immunity from lawsuits whether or not they obey the law. What's the point of passing a law if there are no consequences for violating it?

So there are several problems with the immunity language in this bill. Most importantly the unconstitutional attempt to bar lawsuits for wrongs already committed by incorrectly filed disclaimers, maps and notices. That paragraph should be deleted and the other two eitherdeleted or made logical in some way.

The committee passed the bill on a 10-2-1 vote. It now goes to the full House. The bill is at www.stupidslab.com/HB08-1007TE_01.pdf

**********************************************
Rob Dougherty
Pueblo County
www.stupidslab.com

Colorado Springs Gazette Article Re: House Hearing HB08-1343, Tuesday, 3.5.08

2008-03-06T10:09:00.000-08:00

Dear Warriors, the following article is a pretty accurate summary of the hearing for HB08-1343 on Tuesday, 3.5.08.

*****

Changes in Super Slab bill unconstitutional, attorney says

Legislation would have required highway developers to start over

By ED SEALOVER

2008-03-05 12:21:00 am

THE GAZETTE

DENVER - A bill that would wipe the proposed Super Slab toll road off the books and require the highway’s developers to start over on their plans is unconstitutional because it retroactively tightens the rules, an attorney told a House committee Tuesday.

Transportation and Energy Committee members delayed a vote on HB 1343 until at least Thursday while they consider a host of questions on the measure by Rep. Debbie Stafford, D-Aurora.

Stafford’s proposal would remove all mention of corridors for not-yet-built toll roads from county records and would require owners to restart under a stringent process in which they must prove a project’s financing before a corridor becomes public record. It would also require companies to prove they own railroad equipment before registering to build a railroad, as owners of the proposed Prairie Falcon Parkway Express — the technical name of the Super Slab — have.

The bill is the latest in a four-year effort to block the proposed road planned within a 210-mile-long, 3-mile-wide corridor that encompasses 6,526 properties in seven counties, including 1,425 parcels in eastern El Paso County.

Landowners say that even though the road’s owners have not made an effort to buy property or lay concrete 22 years after they proposed the highway, they have deflated property values in its way by 25 percent and left people unable to sell or refinance their homes.

Rep. Marsha Looper, R-Calhan, introduced a measure that would only remove notices of the corridor from the property titles of those within it. But a coalition of activists said it did not go far enough, and the bill remains on hold. Stafford’s more far-reaching proposal would clear titles immediately, make it more difficult for Super Slab developers to plan the road and remove the railroad status that could allow them to use eminent domain to condemn land.

Attorney David Foster, who represents the highway company, testified Tuesday that the removal of the registered three-mile corridor would be illegal retroactive legislation. It’s illegal, he said, because road owner Ray Wells has invested more than $500,000 in the project and, therefore, has the exclusive right to develop a road in the corridor. The $500,000 threshold for exclusivity was part of a 2006 bill that was the last measure to try to slow down the development of private toll roads.

Rep. Claire Levy, D-Boulder, countered that Foster could only claim the bill was infringing on Wells’ vested rights if he actually had bought land in the corridor, which he has not.

Rick Brown, a board member of the High Plains Coalition for Responsible Transportation Policy, said he did not think Super Slab organizers had commenced all the work required of them to get exclusive rights to develop the land.

“At what point do the rights of the citizens in their homes have to be considered?” asked Robert Thomasson, also of the coalition.

CONTACT THE WRITER: (303) 837-0613 or ed.sealover@gazette.com

STUPID SLAB NEWS - 03.03.08 - AMENDED BILL

2008-03-04T08:31:00.000-08:00

The House committee hearing is still scheduled for Tuesday the 4th at 1:30. If you haven't emailed the committee members yet please do so and ask them to support the strike-under amendment of HB-1343. CDOT has reconsidered their earlier position against the bill. There is no official word from CDOT management yet but Rep. Stafford has worked with their representative and with ours to address the objections. The resulting amendment still voids the corridors but does so without requiring a public-private initiative (PPI) agreement in every case. You can read it at

www.stupidslab.com/HB08-1343-Amend.pdf

Even Ray Wells shouldn't object to this bill. It is designed to address the problem of clouded titles and not to throw obstacles in the way of toll road developers.

The House Transportation and Energy Committee:

Chair: Buffie McFadyen Ph: 303-866-2905
Vice Chair: Gwyn Green Ph: 303-866-2951
Alice Borodkin Ph: 303-866-2910
Randy Fischer Ph: 303-866-2917
Claire Levy Ph: 303-866-2578
Don Marostica Ph: 303-866-2947
Frank McNulty Ph: 303-866-2936
Michael Merrifield Ph: 303-866-2932
Diane Primavera Ph: 303-866-4667
Joe Rice D Ph: 303-866-2953
Christine Scanlan Ph: 303-866-2952
Jerry Sonnenberg Ph: 303-866-3706
Spencer Swalm Ph: 303-866-5510
Glenn Vaad R Ph: 303-866-2943

Email addressess.
Semicolon separated:
glenn.vaad.house@state.co.us; spencer.swalm.house@state.co.us;
jerry.sonnenberg.house@state.co.us; christine.scanlan.house@state.co.us;
joe.rice.house@state.co.us; dianne.primavera.house@state.co.us;
michael.merrifield.house@state.co.us; claire.levy.house@state.co.us;
aliceb321@aol.com; buffie2006@hotmail.com; gwyngreen@yahoo.com;
randyfischer@frii.com; don.marostica.house@state.co.us

Comma separated:
glenn.vaad.house@state.co.us, spencer.swalm.house@state.co.us,
jerry.sonnenberg.house@state.co.us, christine.scanlan.house@state.co.us,
joe.rice.house@state.co.us, dianne.primavera.house@state.co.us,
michael.merrifield.house@state.co.us, claire.levy.house@state.co.us,
aliceb321@aol.com,buffie2006@hotmail.com, gwyngreen@yahoo.com,
randyfischer@frii.com, don.marostica.house@state.co.us

**********************************************
Rob Dougherty
Pueblo County
www.stupidslab.com

TOLL ROAD WARRIOR UPDATE MARCH 3, 2008

2008-03-03T19:34:00.000-08:00

http://frontrangetollroad.blogspot.com

http://stupidslab.com

http://www.abe21.net

Notes: We have received the strike-below amendment L-004 of HB08-1343 which is the amended version of the bill. The PDF file is attached below.

www.stupidslab.com/HB08-1343-Amend.pdf
(If you have difficulty with this, please go to www.stupidslab.com. Rob Dougherty links to it on his site.)

The amendments address the concerns that were expressed last Tuesday, February 26th, that, if not addressed, would have meant the demise of the bill. For the last six days our representatives have been working with Rep. Stafford and staff to address the reasonable concerns of CDOT.

HB08-1343 is scheduled to be heard in the House Transportation and Energy Committee tomorrow, March 4, 2008 at 1:30 PM. The hearing will be in Room 0107. If you plan to attend, and to speak, please remember to sign in before the start of the meeting. As always, please be concise, accurate, passionate and respectful.

If you plan to listen, please go to:

http://www.leg.state.co.us/clics/clics2008a/cslFrontPages.nsf/Audio?OpenForm

Under “Listen to House Committee Rooms”, please click on the link:

House Committee Room 0107

From the House Calendar, dated March 3, 2008

Joint House Transportation & Energy and Senate Transportation

--Presentation by the Regional Transportation District

Upon adjournment of Joint Transportation Transportation & Energy

SB 012 Vaad--Transportation Commission Qualifications

SB 050 Gagliardi--Elder Driver's License Renewal Mail Elec

HB 1343 Stafford--Nongovernmental Transport Dev Limits

Patty Sward, Toll Road Warrior

PLAYING LEAP FROG WITH TOLL ROAD LEGISLATION

2008-02-29T19:27:00.000-08:00

Dear Warriors,

Did you ever play leap frog when you were children? I did. Fun game...when you're a kid.

Well, we seem to be witnessing the same bit of play in the House Transportation and Energy Committee. Representative Looper's still poorly written toll road bill, HB08-1007 has been RESCHEDULED again to FOLLOW the first hearing of Representative Stafford's HB08-1343. We have witnessed Representative Looper's bill being laid over numerous times since it was first heard on January 29th. Ironically, it keeps moving behind HB08-1343!

Ahhhh, the games people play.

Here's the calendar for this week's House Transportation and Energy Committee:

TUESDAY, MARCH 4, 2008

1:30 p.m.

Room 0107 Joint House Transportation & Energy and Senate
Transportation
--Presentation by the Regional Transportation District

Upon adjournment of Joint Transportation

Room 0107 Transportation & Energy
SB 012 Vaad--Transportation Commission Qualifications
SB 050 Gagliardi--Elder Driver's License Renewal Mail Elec
HB 1343 Stafford--Nongovernmental Transport Dev Limits

THURSDAY, MARCH 6, 2008

Upon recess
Room 0107 Transportation & Energy
SB 081 Madden--Colorado Renewable Energy Authority
HB 1164 Solano--New Solar Energy Technologies
HB 1007 Looper--Modify Toll Road Notice Requirements (For action only)

Stupidslab News - 02/28/08 - Message From CDOT: Don't like it? Too bad!

2008-02-28T08:05:00.000-08:00

Stupidslab News - 02/28/08 - Message From CDOT: Don't like it? Too bad!

The committee hearing for HB-1343 was postponed again. It is on the schedulefor next Tuesday at 1:30. In the meantime we have received a CDOT memoopposing the bill for the flimsiest of reasons. They say it is "Two YearsToo Late - The Legislature Has Already Acted." By that logic the legislatureshouldn't be considering any bills dealing with taxation, education, water,mining, employment, and on and on, it's all been settled before. They also don't want pesky homeowners picking on them when they're trying to find a sugardaddy.

The CDOT memo is at www.stupidslab.com/CDOT1343.htm

and here is my letter to Governor Ritter asking him to have CDOT get a second opinion:

Dear Governor Ritter,

I am writing concerning the position that CDOT has taken on HB-1343. A CDOT memo that I have posted at www.stupidslab.com/CDOT1343.htm lists 12 bullet points summarizing the current requirements for the construction of a private toll road. That is followed by the message "Two Years Too Late - The Legislature Has Already Acted. HB 1343 seems to 'pile on' an already constrained process for accepting private investment in our state transportation infrastructure. VOTE 'NO' on HB 1343"

This strikes me as a very shallow and insensitive response to a problem that is clouding the titles of more than 6,000 parcels of property in eastern Colorado. When the previous legislation passed in 2006 in was acknowledged by a committee member, during the hearing, that future adjustments would probably be necessary. There are more than 500 bills in the legislature each year and I suspect that relatively few of them are limited to all new subject matter. The rest deal with shortcomings in the existing statutes' ability to handle new situations. That is the case with HB-1343. Lists of the properties in the Front Range Toll Road corridor have been recorded with county clerks and notes are listed on any title search of the properties.

Owners have been denied refinancing and buyers denied loans to buy property because of these notes. CDOT apparently feels that the door was shut two years ago and no relief is deserved because it might inconvenience toll road speculators.

In most cases HB-1343 will add no new requirements to the existing process. It only changes the order of the steps to prevent prematurely reporting a toll road corridor on title searches. HB-1343 requires a company to enter a public-private initiative with CDOT but unless they could buy 100% of their right-of-way from willing sellers they will already need a PPI to allow the use of eminent domain. It is unlikely that any but very short toll roads wouldn't need a PPI. For the 210-mile long Front Range Toll Road corridor it is extremely unlikely.

Article XV Section 3 of the Colorado Constitution says "The general assembly shall have the power to alter, revoke or annul any charter of incorporation now existing and revocable at the adoption of this constitution, or any that may hereafter be created, whenever in their opinion it may be injurious to the citizens of the state, in such manner, however, that no injustice shall be done to the corporators."

Article II Section 11 says "No ex post facto law, nor law impairing the obligation of contracts, or retrospective in its operation, or making any irrevocable grant of special privileges, franchises or immunities, shall bepassed by the general assembly."

Most states have reserved these powers to "alter, revoke or annul" and to prohibit irrevocable grants of privileges and franchises. Several states with identical language have had cases go to the U.S. Supreme Court. The court has upheld the state's right to exert these powers in every case. The court has said that it is a matter for the legislature to determine if there is injury to the citizens and to weigh it against any potential injustice tocorporations. In this case the increased burden on corporations is so slight that it in no way compares to the damage to property values and clouds on titles that are being experienced by thousands of citizens.

The CDOT memo complains that "piling on" by HB-1343 may discourage private investment in infrastructure. This is a dubious claim and in no way justifies denying relief to the residents of the 630 square-mile Super Slab corridor. I would ask that the Executive Director of CDOT intervene to see that CDOT works to get a bill passed that will allow private investment without financially ruining everyone within the toll road corridor.

Sincerely,
Rob Dougherty
Avondale, CO
Webmaster of www.stupidslab.com and corridor resident.

HB08-1343 Laid Over

2008-02-27T11:52:00.000-08:00

Dear Warriors,

Representative Debbie Stafford's toll road bill, HB08-1343, was laid over Tuesday, February 26th. We are, at this point, trying to identify and understand the underlying reasons, the players, the angles, etc. It's hard to stay abreast of the political process at the Capitol. We found out that the bill had been removed from the calendar as we were traveling downtown. Other than coalition leadership, there were 5 concerned citizens who made the trip downtown to hear the bill in Committee.

Representative Stafford has said that HB08-1343 is now calendared for this coming Tuesday, Mar. 4th. When we know more about the direction HB08-1343 heads, we'll post it here.

Also, Representative Looper's bill, HB08-1007 is still on the calendar to be heard tomorrow by the House Transportation and Energy Committee. Though Rep. Looper is confident, this bill still does not solve the problems that it claims to do.

Tollman

TOLL ROAD WARRIOR UPDATE February 21, 2008

2008-02-22T08:14:00.000-08:00

From the Toll Road Warrior Update:

http://frontrangetollroad.blogspot.com

http://stupidslab.com

http://www.abe21.net

HB08-1343, Rep. Debbie Stafford’s late bill called “Nongovernmental Transportation Development Limits” is on the House Transportation and Energy Committee’s Calendar for Tuesday, February 26, 2008. The Committee is scheduled to meet at 1:30 PM, in Room 0107.

The bill is 5th on the agenda. Once HB08-1343 has been presented by the House Sponsor, Rep. Stafford, the Committee Chair, Rep. Buffie McFadyen will open the floor for public comment. If you plan to attend and speak, please remember to sign up before the committee meeting. The House Transportation and Energy Committee is well informed regarding private toll road legislation. Please tell your story and provide your insight to the legislators concisely, and as always, please be factual, accurate, passionate and respectful.

If you are unable to attend, but would like to listen to the hearing, you may do so on line at

http://www.leg.state.co.us/clics/clics2008a/cslFrontPages.nsf/Audio?OpenForm

To read HB08-1343, please go to:

http://www.leg.state.co.us/Clics/CLICS2008A/csl.nsf/BillFoldersHouse?openFrameset

Use the drop down window and scroll to House Bills 1301-1345 and select.

Use the "Go" button to pull up the page.

Scroll down to HB08-1343 and chose either .pdf or .wpd formats to read the bill.

Please write and call in support of HB08-1343. Your calls and emails continue to make a difference.

The House Transportation and Energy Committee:

House Transportation Committee Members and Contact Information:

Chair: Buffie McFadyen

D, HD 47 Fremont / Pueblo

Ph: 303-866-2905

Email: buffie2006@hotmail.com

Vice Chair: Gwyn Green

D, HD 23 Jefferson

Ph: 303-866-2951

Email: gwyngreen@yahoo.com

Alice Borodkin D HD 9, Denver

Ph: 303-866-2910

Email: aliceb321@aol.com

Randy Fischer

Ph: 303-866-2917

Email: randyfischer@frii.com

Claire Levy D HD 13, Boulder

Ph: 303-866-2578

Email: claire.levy.house@state.co.us

Don Marostica R HD 51, Larimer

Ph: 303-866-2947

Email: don.marostica.house@state.co.us

Frank McNulty R HD43, Douglas

Ph: 303-866-2936

Michael Merrifield D HD 18, El Paso

Ph: 303-866-2932

Email: michael.merrifield.house@state.co.us

Diane Primavera D HD 33, Adams

Ph: 303-866-4667

Email: dianne.primavera.house@state.co.us

Joe Rice D HD 38, Arapahoe

Ph: 303-866-2953

Email: joe.rice.house@state.co.us

Christine Scanlan D HD 56, Eagle

Ph: 303-866-2952

Email: christine.scanlan.house@state.co.us

Jerry Sonnenberg R HD 65 Logan

Ph: 303-866-3706

Email: jerry.sonnenberg.house@state.co.us

Spencer Swalm R HD 37 Arapahoe

Ph: 303-866-5510

Email: spencer.swalm.house@state.co.us

Glenn Vaad R HD 48 Weld

Ph: 303-866-2943

Email: glenn.vaad.house@state.co.us

Group Email List:

PC Version:

glenn.vaad.house@state.co.us; spencer.swalm.house@state.co.us; jerry.sonnenberg.house@state.co.us; christine.scanlan.house@state.co.us; joe.rice.house@state.co.us; dianne.primavera.house@state.co.us; michael.merrifield.house@state.co.us; claire.levy.house@state.co.us; aliceb321@aol.com; buffie2006@hotmail.com; gwyngreen@yahoo.com; randyfischer@frii.com; don.marostica.house@state.co.us

MAC Version:

glenn.vaad.house@state.co.us, spencer.swalm.house@state.co.us, jerry.sonnenberg.house@state.co.us, christine.scanlan.house@state.co.us, joe.rice.house@state.co.us, dianne.primavera.house@state.co.us, michael.merrifield.house@state.co.us, claire.levy.house@state.co.us, aliceb321@aol.com,buffie2006@hotmail.com, gwyngreen@yahoo.com, randyfischer@frii.com, don.marostica.house@state.co.us

••••••••••

Patty Sward

HB08-1343 NOT CALENDARED FOR THURS., FEB 21

2008-02-19T15:47:00.000-08:00

Dear Toll Road Warriors,

This afternoon, according to the bill's sponsor, Rep. Debbie Stafford, HB08-1343 will not be heard by the House Transportation and Energy Committee this Thursday. The committee chair, Rep. Buffie McFadyen informed her today that the calendar for the committee was too full. We will let you know when it is scheduled as soon as we hear. Please continue to write emails of support for HB08-1343.

Representative Marsha Looper's bill, HB08-1007 is still on the agenda for this Thursday, 'for action only.' We still encourage you to write brief notes to the House Transportation and Energy Committee requesting that this bill, HB08-1007, be killed. Representative Stafford's bill, as you know, will clearly take care of the issues incompletely addressed in the Looper bill, plus, as you know, much more.

STAY FOCUSED. STAY INFORMED. STOP THE SUPER SLAB.

Tollman

HB08-1343 AVAILABLE ON LINE NOW

2008-02-19T08:26:00.000-08:00

If you would like to read the official version of HB08-1343, it is now available (pdf format) @

http://www.leg.state.co.us/clics/clics2008a/csl.nsf/fsbillcont3/C109EA516E2CFCE5872573DE005FEC1B?open&file=1343_01.pdf

STUPID SLAB NEWS - 2/19/08 - NEW BILL WILL ABOLISH THE CORRIDORS

2008-02-19T08:12:00.000-08:00

In 1879 Thomas Alva Edison invented the lightbulb. In 1986 Ray S. Wells invented the toll road corridor. In that year he incorporated the Front Range Toll Road Company and specified a 12-mile wide strip, 210 miles long, where his road would be located. There was no justification in the law for doing this. The law at the time said that the incorporation document "shall state the termini of said road or highway and the route of the same, as near as may be." The requirement "as near as may be" surely was intended to mean as precisely as the technology and other circumstances will allow. Ray Wells took it to mean that if you hadn't given it much thought then you really weren't able to say where the road would be. So he described a 2500 square mile box and claimed to have exclusive toll road construction rights within it. Ten years later Wells' associate William Tolbert incorporated toll road companies named JICRO, KIWI, KIWI II, CTRI and a railroad named JICRA each claiming a 12-mile wide corridor. There was hardly anything between I-25 and Limon that wasn't in a toll road corridor. Another would-be toll road tycoon, Lindsay Case of Colorado Springs, incorporated more than half a dozen toll roads each claiming a corridor between one and two miles wide. That seems reasonable compared to a 12 mile width but there was still no justification in the law for doing it.

Why did Ray Wells choose a 12-mile width? His incorporation papers specify that the road will be within the limits of Range 63 West and Range 64 West. Those are 6-mile wide strips running from north to south that are part of the grid used by surveyors to describe the land. So it appears he did it that way because it was easy. It didn't require any actual thought about where a highway could best be built. And by choosing two ranges he could put it anywhere from Falcon nearly to Calhan. His corridor included Elbert, Elizabeth, Kiowa, Bennett, Watkins, Keenesburg and numerous other small towns. This in no way satisfied the legal requirement to specify the route "as near as may be."

The plans for the Super Slab never went anywhere in 1986 and a second attempt ten years later also fell flat. The third revival in 2005 hasn't produced anything but a brief public relations blitz in 2006. But this time landowners found out that someone had designs on their property. Wells said that the toll road corridor was like a mining claim that he had "proved up" on making it his for the purpose of toll road development. Landowners were not pleased to hear someone claiming such rights to their property.

In 2006 the legislature passed HB-1003 which placed a number of controls on private toll road construction. The bill also limited future toll road companies to a three-mile wide corridor. The thinking was that three miles wide was a big improvement over twelve miles wide. That may be true but the problem as I see it is that they had no right to claim twelve miles in the first place. It was a bit like letting a bank robber keep 25% of the money; there was no reason to bargain with someone whose claim was illegitimate in the first place.

There is a provision in HB-1003 that was intended to require existing toll road companies to narrow their corridors to three miles but a careful reading of the bill shows that it doesn't really require that. CRS 7-45-101(4) says that a company has the exclusive right for ninety days to amend their corridor. It doesn't say that they must amend or that there is any penalty if they don't. And for some reason Ray Wells has kept filing annual reports for the KIWI II and JICRO toll road companies which claim twelve-mile wide corridors parallel to the Super Slab. Maybe he believes it is worth keeping the option open to try to use this additional 24-mile wide area for his toll road. There are a number of other companies that haven't complied with HB-1003 but are still paying the fees and filing the reports to keep the companies alive. In short, the Super Slab corridor is bad enough but the situation may actually be much worse than is generally known.

Help is on the way. A new bill was read in the House of Representatives Monday. HB-1343, sponsored by Rep. Debbie Stafford and Sen. Tom Wiens, will repeal the status given to three-mile wide corridors given by HB-1003. Furthermore, it will make it clear that all of those other existing corridors of various sizes have no legal standing; they are null and void. And no future toll road company can claim a corridor in their incorporation papers. They will have to enter into a public-private initiative (PPI) with CDOT before there is any official status to a corridor. As a practical matter a toll road company already needs to enter a PPI because that is the only way that eminent domain can be used to get property from landowners unwilling to sell. Before CDOT enters into a PPI they evaluate the project and only approve thePPI when they agree that the project has enough credibility to move forward to the next step. The project still has to go through all of the evaluations and approvals instituted by HB-1003.

Each time we've achieved a goal in the last three years I've heard from one or two people saying if they can still build the road what good did this do? The truth is that if HB-1343 passes it won't put the Super Slab out of business. They can pursue a PPI, which they already needed to do, and then begin with the applications. The difference is that there won't be the cloud on titles while Ray Wells spends another ten or twenty years doing nothing. There are now good regulations to control the decision whether to build a toll road and how to build it. But there are no protections against the damage done by a company that never moves forward. The Front Range Toll Road has enjoyed a corporate charter from the state for twenty-two years without returning any value to the people of the state nor earning a penny in profits. If they want to continue doing that, fine; but it's time to release the hostages and see that it doesn't happen again.

The bill isn't available online yet. I should have it sometime on Tuesday and will post it at www.stupidslab.com .

The Toll Road Warriors email update is reproduced below. Please send an email to the members of the House Transportation and Energy Committee BEFORE THIS THURSDAY. Ask them to vote yes for HB-1343 to help remove the cloud on over 6,000 land parcels in the Super Slab corridor. The email addresses are below.

Senator Wiens is working to help the people in the Leadville area get a solution to the danger of possible flooding and contaminated water caused by the collapse of mine drainage tunnels. Read his site and the Save the Arkansas site for details and to find out how to help.

www.tomwiens.com
www.savethearkansasriver.org

======================

Rob Dougherty
Pueblo County
www.stupidslab.com

SAMPLE LETTER TO HOUSE TRANSPORTATION COMMITTEE RE: HB08-1343

2008-02-19T07:45:00.000-08:00

Dear Warriors,

Below is a sample letter that you are free to use by copying or modifying to let the House Transportation and Energy Committee know that you support HB08-1343, Rep. Stafford's toll road legislation. Use any or all of the listed components of the bill. Group addresses are available in the previous blog entry.

We hope that you have had a chance to read the language of HB08-1343.

Thank you for taking the time to write this note. Your efforts will go a long way, as they always do, in persuading our legislators to make decisions which are in the best interest of the citizens of Colorado. If you are actually IN the Super Slab corridor, please note that in your message.

Tollman

======================================================================
Dear Representative ___,

I am writing to ask that you support HB08--1343, Representative Stafford's toll road legislation. This is a comprehensive bill which will finally give relief to the people living in the path of the Super Slab as well as provide sound legislation for toll roads in Colorado in the future.

1) The general intent of this bill is that it eliminates the toll road corridor concept.
2) It voids documents currently clouding the title work of property owners living in the Superslab corridor.
3) It eliminates the back door attempt of a toll road company to regain powers of eminent domain by claiming they are a bona fide railroad company.
4) In order to make that claim, this bill requires that the RR company possess rolling stock and maintain track.

5) It does not eliminate a private toll road company from building a toll road if meets all of the prerequisite steps outlined in HB06-1003. It does not keep bona fide railroad companies from building toll roads.
6) It eliminates the problems of disclosure.
7) HB08-1343 is fair, transparent and solves problems without trying to protect private toll road company's from reckless acts or negligence.

Please vote yes when the House Transportation Committee hears HB08-1343.

Respectfully,

Your name
Address
County
Contact numbers

REPRESENTATIVE DEBBIE STAFFORD'S TOLL ROAD LEGISLATION, HB08-1343 READ ACROSS SPEAKER'S DESK

2008-02-18T16:36:00.000-08:00

Dear Toll Road Warriors,

It is with immense pride and gratitude that we announce that Representative Debbie Stafford's toll road bill, HB08-1343, "Nongovernmental Transportation Development Limits" was read across House Speaker Andrew Romanoff's desk this afternoon at approximately 4:30 PM.

This is the piece of legislation which residents of the Super Slab corridor have been waiting for for over two years. We, along with corridor leadership, up and down the 7 impacted counties, have been working closely with Rep. Stafford for months on this legislation.

The general intent of this bill is that it eliminates the toll road corridor concept. It voids documents currently clouding the title work of property owners living in the Super Slab corridor. It eliminates the back door attempt of a toll road company to regain powers of eminent domain by claiming they are a bona fide railroad company. In order to make that claim, this bill requires that they possess rolling stock and maintain track. It does not eliminate a PTR (private toll road) company from building a toll road if meets all of the prerequisite steps outlined in HB06-1003. It does not keep bona fide railroad companies from building toll roads. It is fair, transparent and solves problems without trying to protect PTR's from reckless acts or negligence. It eliminates the problems of disclosure.

HB08-1343 is already listed as being available online via the Colorado General Assembly website: http://www.leg.state.co.us/clics/clics2008a/csl.nsf/fsbillcont2/C109EA516E2CFCE5872573DE005FEC1B?Open however, we are having difficulties downloading it. Please read through the highlights below, (or the summary & 'draft' of the bill @ www.abe21net) and then....now is the time, once again, to grab the following emails and write a brief letter to the committee members and let them know that you support HB08-1343.

HB08-1343 will be on the calendar for this coming Thursday, February 21st by the House Transportation and Energy Committee. According to the bill's sponsor, it will be the third item on the agenda. If there are changes to this information, we will post them ASAP. If you have questions about the bill, please feel free to contact us.

We encourage you to attend and support Rep. Stafford in this historical moment. It will be your choice to testify on Thursday, but it is not necessary: Committee Chairperson Buffie McFadyen has made it clear that the Transportation and Energy Committee understands the concerns, that testimony on a previous toll road bill was extremely thorough in clarifying all of our/your issues.

Upon recess
Room 0107 Transportation & Energy
HB 1227 Madden--Sunset Continue Public Utilities Commn
HB 1244 Scanlan--Sunset Passenger Tramway Safety Board
HB08-1343 - Stafford--Nongovernmental Transportation Development Limits
HB 1198 Liston and Merrifield--Duty To Write Accident Repts
(For action only)
HB 1007 Looper--Modify Toll Road Notice Requirements
(For action only)
========================================================
There is a chance that HB08-1343 may have its Second Reading (by the entire House of Representatives) as soon as Friday, Feb. 22. When it goes to the Senate Transportation Committee, we will have Senator Tom Wiens as a Sponsor in the Senate. Senator Wiens put forth one of the initial pieces of toll road legislation in 2005 ( taking away Ray Wells' power of eminent domain via private toll roads). He is an advocate for property rights and understands our concerns. We are honored to have him as the Senate Sponsor of Representative Stafford's bill.

Thank you ALL for your patience! This has been a long, arduous journey, but we feel, (and hope that you do, too, once you've read the language of HB08-1343) that we finally have the legislation along with strong sponsorship which will change the course that the Eastern Plains residents have been forced to follow and provide powerful toll road laws for the future in Colorado.
========================================================
Below are highlights of Representative Debbie Stafford’s Toll Road Bill, HB08-1343:

“NON-GOVERNMENTAL TRANSPORTATION DEVELOPMENT LIMITS”
Amendments to HB06-1003

1. Except as otherwise provided by amendments, toll road companies may not propose or establish transportation corridors subsequent to effective date of amendments.

2. Transportation corridors described in formation documents prior to effective date of amendment, as required by current provisions of C.R.S. sec 7-45-101(1), are null and void.

3. Upon effective date of amendment containing provision in Item 2 above, maps or notices recorded pursuant to C.R.S. sec. 7-45-108(1) are null and void.

4. Toll road or other companies may enter into Public-Private Initiatives ("PPI's") with C-DOT pursuant to C.R.S. sec. 43-1-1201, et seq. for construction and operation of toll roads. The PPI agreement entered into for the construction and operation of a toll road shall provide:

a. A specification and map of a corridor, no more than three miles in width, within which a toll road will be located, including identification of the general location of the termini within the corridor;

b. Implementation of the PPI is subject to completion of planning, project review, and environmental requirements of C.R.S. secs. 7-45-105 and 7-45-106 and inclusion of project in relevant metropolitan, regional and statewide transportation plans;

c. That no work on any element of the project may commence until planning, project review, and environmental requirements of C.R.S. secs. 7-45-105 and 7-45-106 have been met and the project is included in relevant metropolitan, regional and statewide transportation plans;

d. Right-of-way acquisition shall be in accordance with C.R.S. secs. 7-45-104 and 38-2-101; and

e. Work on the project, including but not limited to planning, design, environmental mitigation, and other preconstruction work must begin within one year of receiving all necessary approvals for the project and for construction or the agreement, including the corridor described therein, is null and void.

5. Nothing in Item 4 shall be interpreted as requiring C-DOT to enter into a PPI agreement for any toll road project.

6. Nothing in Item 4 shall be interpreted as requiring any Metropolitan Planning Organization or Regional Planning Commission or the State Transportation Commission to include a toll road or toll highway in a Regional Transportation Plan. Any such decision is governed by the requirements of C.R.S. secs. 7-45-105 and 7-45-106 and the record of proceedings before those organizations.
7. Within 30 days of execution of the PPI agreement described in Item 4, the company shall comply with the recording and notification requirements in C.R.S. sec. 7-45-108 .

AMENDMENTS TO HB06-1003: LIMITING EMINENT DOMAIN POWERS OF "PRETEND RAILROADS"

....provided, however, that a corporation formed for the purpose of constructing a railroad line may not exercise the power of eminent domain for any purpose unless

(a) the corporation was operating rolling stock, carrying passengers or property and maintaining track on the effective date of this act; or

(b) the real estate, right-of-way, or easement or other right is necessary solely for the construction of a light rail system.
=========================================================

Group Email List:

PC Version:
don.marostica.house@state.co.us;

glenn.vaad.house@state.co.us,
spencer.swalm.house@state.co.us,
jerry.sonnenberg.house@state.co.us,
christine.scanlan.house@state.co.us,
joe.rice.house@state.co.us,
dianne.primavera.house@state.co.us,
michael.merrifield.house@state.co.us,
claire.levy.house@state.co.us,
aliceb321@aol.com; buffie2006@hotmail.com,
gwyngreen@yahoo.com

MAC Version:
glenn.vaad.house@state.co.us,
spencer.swalm.house@state.co.us,
jerry.sonnenberg.house@state.co.us,
christine.scanlan.house@state.co.us,
joe.rice.house@state.co.us,
dianne.primavera.house@state.co.us,
michael.merrifield.house@state.co.us,
claire.levy.house@state.co.us,
aliceb321@aol.com,buffie2006@hotmail.com,
gwyngreen@yahoo.com
==========================================================

STAY FOCUSED. STAY INFORMED. STOP THE SUPER SLAB.
Gaye Thomasson, Tollman

A MESSAGE FROM SHARON CROGHAN, "SAVE OUR HOMES" COALITION

2008-02-16T19:25:00.000-08:00

16 February 2008

Greetings,

HB1007 is back on the schedule for 21 Feb 2008.

Rep. Looper has made no attempt to negotiate on this bill. It still hides the material fact the toll road corridor exists and protects private toll road companies from litigation by landowners harmed by the wrongful filing of the corridor.

Please send the transportation commission a brief note, letting them know, we still don't like this bill.

Last session, Rep. Looper mislead the House Transportation Committee at the final hearing for HB1068, by claiming Save Our Homes coalition members, lawyer and lobbyist had been in on and approved the changes made to the bill, where in fact, I personally told Rep. Looper S.O.H.would never agree to the hijacked version of the legislation, nor did I believe, would the vast majority of property owners within the corridor. Rep. Looper chose to move forward with her version of a solution to the corridor problem, for which no one saw any redeeming qualities, except possibly the toll road company.

glenn.vaad.house@state.co.us; spencer.swalm.house@state.co.us;
jerry.sonnenberg.house@state.co.us; christine.scanlan.house@state.co.us;
joe.rice.house@state.co.us; dianne.primavera.house@state.co.us;
michael.merrifield.house@state.co.us; claire.levy.house@state.co.us;
don.marostica.house@state.co.us; aliceb321@aol.com; buffie2006@hotmail.com;
gwyngreen@yahoo.com

HB08-1007 "For Action Only" THURSDAY, February 21st

2008-02-16T18:42:00.001-08:00

Dear Toll Road Warriors,

Representative Marsha Looper has her toll road bill, HB08-1007 on the agenda for this coming Thursday, February 21st. We encourage you to attend, but remind you once again that this bill will be heard "For Action Only" - which means no public comment before the House Transportation and Energy Committee votes. We're hoping that the committee sees the wisdom of casting a majority of 'no' votes on this bill.

Rep. Looper is still trying to amend her bill before Thursday by soliciting input from corridor residents to submit language to her. (See Ranchland News article, Feb. 14, '08) Rep. Looper has had since last summer to get the language of her bill written well. Enough said.

From the Colorado General Assembly House Calendar:

Upon recess
Room 0107 Transportation & Energy
HB 1227 Madden--Sunset Continue Public Utilities Commn
HB 1244 Scanlan--Sunset Passenger Tramway Safety Board
HB 1198 Liston and Merrifield--Duty To Write Accident Repts
(For action only)
HB 1007 Looper--Modify Toll Road Notice Requirements
(For action only)

HB08-1007 "A Disappearing Act" Scene II

2008-02-12T07:52:00.000-08:00

Dear Warriors,

I just spoke with Jamila Rockette, Transportation and Energy Committee Chairperson Buffie McFadyn's aide. She informed me that yes, HB08-1007 was removed from the calendar for today, but can be rescheduled to be heard on, or no later than, Thursday, February 21st. Representative Looper could also ask for an extension. The Transportation Committee meets on Thursdays and Tuesdays, so 1007 may be rescheduled for the 14th, 19th or the 21st of February.

We will post information as soon as we receive it.

Tollman

STAY FOCUSED. STAY INFORMED. STOP THE SUPERSLAB.

HB08-1007 - "A Disappearing Act" Scene I

2008-02-12T07:13:00.000-08:00

Dear Warriors,

Please note: HB08-1007 is no longer on the schedule to be heard today (for action only) by the House Transportation and Energy Committee. If you were planning on attending the hearing, save your parking change, Light Rail Sacajawea coins, take off your scarves and boots, and as they said on the Sopranos, "Foggedaboudit." The bill is nowhere to to be found. Hmmmmm. Maybe Representative Looper finally realized what citizens (and fellow legislators) have been trying to tell her for weeks - that her bill was flawed and just created more problems for those in the path of the Super Slab...and she has pulled it. We hope so. Baddabing!

Tollman

STAY FOCUSED. STAY INFORMED. STOP THE SUPER SLAB.

HB08-1007 "For Action Only" Tuesday, February, 12, 2008

2008-02-10T18:01:00.000-08:00

Dear Toll Road Warriors,

HB08-1007 will be heard (for action only) this coming Tuesday, February 12th. Leadership from the Eastern Plains toll road coalitions will be present. Citizens are welcome, however, there will be no public testimony allowed at this hearing.

Here is the agenda:

1:30 PM Room 0107 Joint House Transportation & Energy and Senate Transportation

Presentation on the Governor's Blue Ribbon Transportation Panel

Upon adjournment of Joint Meeting:

Room 0107 House Transportation & Energy

HB 1136 Summers--Stolen Motor Vehicle Identification

HB 1194 Judd--Increasing Penalties For Drunk Driving

HB 1007 Looper--Modify Toll Road Notice Requirements (For action only)

==============================================================

Rob Dougherty's Stupidslab News - 2/7/08 - HB-1007 Awaiting Decision

Last week the House Transportation and Energy Committee heard testimony for and against House Bill 1007. They didn't make a final decision but rather laid the bill over for two weeks. So they are expected to bring it up next week for a decision on whether to pass it on to the full House of Representatives or stop it from going further. I listened to the hearing over the internet and it sounded to me like the committee members didn't see much to recommend the bill. Members commented that voiding some paperwork without actually changing the status of the toll road corridor was unlikely to improve the situation. One member worried that keeping information from property buyers might lead to lawsuits despite the immunity provisions of the bill. Another said that they are receiving lots of email from corridor residents who oppose the bill.

Several landowners spoke in support of the bill saying it will clear up the cloud on titles created by the toll road corridor. They were outnumbered by owners who said they want a solution but not one that victimizes future purchasers of land. Speaking in opposition were leaders of the El PasoTransportation Coalition, the High Plains Coalition for Responsible Transportation Policy, the Adams Arapahoe County Citizens Group and the Save Our Homes Coalition.

A major point of contention is the immunity from lawsuits that toll road companies would be given for issues related to filing toll road documents. The bill's sponsor, Rep. Marsh Looper, maintains that the immunity only applies where a company has complied with the law. But they wouldn't seem to need any immunity for complying with the law and it seems wildly optimistic to believe that they would never claim their gross negligence is also excused from liability. The bill doesn't make any distinction between the two situations.

At her website Rep. Looper also says that "County Clerk & Recorders SHALL IMMEDIATELY remove the existing toll road documents" but that is nowhere to be found in the language of the bill. What the bill says is that the documents will be declared void. Declaring something void doesn't remove it from the clerks office. If you've ever been divorced your marriage license wasn't removed from the files. Discussing a similar bill last year, a county recording supervisor told me that (paraphrasing) it will be a cold day in hell before any documents are removed from the clerk's office. They log things in and keep them, period. Someone may file later documents that dispute or amend the earlier ones but it all stays in the record. Until there is some actual change in the legal status of toll road corridors it would be best not to complicate the situation with more documents voiding the earlier ones. When you're in a hole, stop digging.

The approach of HB-1007 is to be an anti-sunshine law keeping information from people who are entitled to have it. There is really no way that it can be amended into something positive. The Transportation and Energy Committee should kill this bill when it comes up again. And for the record I own a home in the Front Range Toll Road corridor.

The minutes of the hearing are here:
http://www.leg.state.co.us/clics/clics2008a/commsumm.nsf/IndSumm/51105BD94A6652D5872573E00062587B?OpenDocument

**********************************************
Rob Dougherty
Pueblo County
www.stupidslab.com

ANOTHER IMPORTANT THANK YOU

2008-01-31T08:28:00.000-08:00

Dear Warriors,

In the last blog entry I extended thanks to the Representatives from the House Transportation and Energy Committee, for listening to all of the testimony, to toll road leadership, and to you for writing and calling our legislators regarding HB08-1007. If I may, I would like to make two more comments:

• Many thanks to the citizens who came from across the 7-county corridor to be an audience at Tuesday's hearing. There were quite a few familiar faces, and your presence was greatly appreciated. We know how difficult it is to get off of work, change family plans, leave the ranch, at the drop of a hat. Over the years, Toll Road Warriors have demonstrated their dedication to stopping the Super Slab and supporting good toll road bills. That you were able to make this effort one more time is commendable.

•A request: Our legislators sat through hours of testimony regarding Rep. Looper's bill Tuesday evening after a long day, and their work day continued after we left the hearing room. It would be greatly appreciated if you would take a few moments to drop them a note of thanks (use the same email list provided before). I noticed, during testimony, that very rarely did a Representative leave the room. They were all attentive and focused on our input and that of our opponents. We could tell that they want to understand the issue...because they will be facing it again in the future. Remember, there have been times when we have addressed a committee which is half empty for the entire hearing!

Also, if you are not aware, Representative Joe Rice (who sat just to the right of Rep. Green) has JUST returned from duty in Iraq. Monday, the 28th of January, was his first day back in the House. After the hearing, when I was thanking committee members, he told me he was still recovering from jet lag. Now that...is service to your state and your country!

Stay tuned. There is much more regarding toll road legislation to come in the near future.

STAY FOCUSED. STAY INFORMED. STOP THE SUPER SLAB.

Tollman

HB08-1007 LAID OVER

2008-01-30T09:35:00.000-08:00

Sometimes you get the peanuts. Sometimes you get the shells.

Dear Toll Road Warriors,

Yesterday the House Transportation and Energy Committee heard Rep. Looper's toll road bill, HB08-1007. Committee members did not vote upon it ; it was 'laid over.' Chairman Buffie McFadyen gave Rep. Looper a window of two weeks with which to bring the bill into an acceptable form. Testimony lasted approximately three hours.

I would like to extend my personal thanks

1) to YOU, Toll Road Warriors, who responded to our request to write or call your Representatives, requesting that this bill be killed, or to vote 'no' on it. Your voices were heard, and you were acknowledged by a number of committee members who said in committee to the bill's sponsor, "We have received huge amounts of emails from residents of the corridor who don't want this bill to pass. We have not received any messages from residents who actually want this bill to move forward. Where...who are those people?" There was no response.
You did it. The committee listened, and you made a huge impact with your emails and phone calls. Thank you, thank you again so much.

2) to the members of the House Transportation and Energy Committee

They have had to deal with proposed legislation, good and bad, regarding private toll roads, in particular the Super Slab, for three years....right along with all of us. The amount of legislation that legislators have to digest and vote on is astounding, and this year it's even worse. The pile is higher and deeper. Yesterday was a difficult day for the Transportation Committee. They were in session in the morning, and in committee hearings all afternoon and evening.
Last night, when HB08-1007 was finally heard, the committee members were attentive, asking cogent questions of the proponents of the bill, as well as of us, the opposition. Their questions to the bill's sponsor and those who testified in favor were focused on, "How will this bill make things better for those people living in the corridor?" There was no sound, positive answers..from any of the proponents. Members of the committee continually referred to the handouts which we had provided, outlining the flaws in this bill as the testimony proceeded.

Thank you, Transportation Committee members, for taking the time to understand the dilemma residents on the Eastern Plains are facing, the profound impact of the Super Slab, and the need for powerful toll road legislation. We all appreciate your service and look forward to working with you in the very near future on good toll road bill; and

3) to all leaders of the Eastern Plains toll road coalitions who came together yesterday as one voice in opposition of HB08-1007; who came prepared and respectfully testified with passion against this bill, each of you presenting opposition from a different perspective; who have devoted incredible amounts of personal time fighting this issue, not only for themselves but for everyone impacted by the Super Slab. You are a force to be dealt with. You have my respect and my deepest appreciation.

Warriors, this IS a victory....I hope you all like peanuts.

Tollman

PS Please look for an indepth summary of yesterday's hearing on abe21.net within the next few hours.

To understand the legislative process, go to:

http://www.state.co.us/gov_dir/leg_dir/lcsstaff/StaffInfo/process.htm

STAY FOCUSED. STAY INFORMED. STOP THE SUPER SLAB.

HB08-1007 HEARING ROOM CONFIRMED

2008-01-28T13:51:00.000-08:00

. Dear Toll Road Warriors,

We have confirmed that the hearing for Rep. Looper's toll road bill, HB08-1007, will be heard in Room 107 @ the State Capitol Bldg. tomorrow at 1:30 PM. If you plan on attending, please remember that you must pass through a security screening at the Capitol. There are only two entries available to the public: basement entry/south side of Capitol (which will be the floor where the hearing will be...and also the cafeteria) and the north side of the Capitol, up the flight of stairs. If you enter through that door, you will have to go downstairs to Level 1.

We hope to see many of you there. Remember, if you cannot attend, you can stream online @
http://www.leg.state.co.us/clics/clics2008a/cslFrontPages.nsf/Audio?OpenForm.

Tollman

STAY FOCUSED. STAY INFORMED. STOP THE SUPER SLAB.

HB08-1007 TO BE HEARD TUESDAY

2008-01-27T17:21:00.000-08:00

Dear Toll Road Warriors,

Please join us this Tuesday, January 29th, at the Colorado State Capitol @ 1:30 PM to hear Representative Marsha Looper's toll road bill, HB08-1007 by the House Transportation and Energy Committee. As we have stated before, this bill is, in essence, the same as HB07-1068, Rep. Looper's other toll road bill which was killed last year before it was heard by the Senate Transportation Committee. Unfortunately, HB08-1007 will not provide the protections that Rep. Looper believes that it will. We, along with the leadership of the other toll road coalitions up and down the corridor of the Super Slab, would like this bill also to be killed in committee.

For more coverage of the upcoming hearing on Tuesday re: HB08-1007, please go to abe21.net.

If you are unable to attend but would like to listen to the hearing on line, please go to http://www.leg.state.co.us/clics/clics2008a/cslFrontPages.nsf/Audio?OpenForm.
The room number will be available by Tuesday morning. We'll publish it as soon as it is available to us.

To read the bill: http://www.leg.state.co.us/

To read analysis of the bill: http://www.abe21.net/ and http://stupidslab.com

If I may, I would like to leave you with a quote from Representative Marsha Looper's weekly column in the Ranchland News this last week, "Cleaning up" property titles in the toll road corridor." Here is the quote from Representative Looper:

"Similar legislation I sponsored last year passed 61-3 in the Colorado House of Representatives, and I regret that the actions of a few individuals, who aren't residents of El Paso County or in some instances residents of the corridor, resulted in your titles remaining encumbered, as the bill died in the Senate."

Just a couple of questions here (though I don't expect a response from the bill's sponsor):

1. Do you have to live in the corridor in order to be a citizen activist regarding private toll roads?

2. Must you live only in El Paso County to be involved in the toll road issue and have your voice heard regarding Super Slab legislation?

3. If one of the original paths of the corridor once ran through your house, does that qualify you to participate?

4. If you aren't participating now, but the toll road moves, or another toll road is introduced, which runs through your property, could you then become involved?

5. Just what exactly is the correct criteria for caring about your neighbors, your county, your state, and the future impact of passing flawed toll road legislation?

See you at the Capitol.

STAY FOCUSED. STAY INFORMED. STOP THE SUPER SLAB.

Tollman

Stupidslab News - 1/24/08 - Kill HB-1007

2008-01-24T07:44:00.000-08:00

The House Transportation and Energy Committee's hearing of HB-1007 has been moved to Tuesday, Jan. 29 at 1:30 p.m. in Room 107. This is Rep. Marsha Looper's bill that would nullify the toll road notifications that we worked so hard to get in 2005 and 2006. The bill doesn't go after the real problemof toll road corridors it just attempts a cover-up. It also hands out legal immunity to toll road companies for their involvement even if intentionally or recklessly wrong.

HB-1007 is essentially a pared down version of last year's bill HB-1068. It includes the absolute worst features of the final draft of HB-1068 and nothing else. That draft was opposed even by the corridor residents who initially supported the bill. You can see the names and comments I received in opposition to HB-1068 last year at www.stupidslab.com/HB1068-opp.htm (and this was BEFORE the immunity language had slipped in.)

Below are two messages from Sharon Croghan posted at www.goodneighborlaw.com. Sharon and her group, the Save Our Homes Coalition, have hosted the toll road meetings and led the effort for the northern corridor counties. She includes a sample email and instructions. Please email the committee members asking them to kill this bill which attempts to repeal our last three years of progress. There is a better bill that will be introduced this year and we don't want this bad bill to muddy the waters.

Check for updates at www.stupidslab.com and
www.frontrangetollroad.blogspot.com

http://www.goodneighborlaw.com/BreakingNews/2008BreakingNews/1-16TollRoadSCroghan.htm

Breaking News: January 16, 2008
Toll road

Greetings,

Rep. Marsha Looper is once again running legislation which will cloak the existence of a private toll road corridor, rather than eliminate it, and insulates private toll road companies from litigation, rather than holding them responsible for the damage they are doing to corridor residents.

Did you know, last session Rep. Looper successfully ran legislation requiring increased disclosure for properties sold which were on a private well, it seems counter to her own standards to hide an existing toll road corridor from potential buyers. While title disclosure of the existence of a toll road corridor is difficult for buyers, sellers and realtors, it is the right thing to protect people from unknowingly purchasing property within a toll road corridor, as many of us did.

Unsolicited toll road corridors such as the Super Slab, should not be allowed.

Rep. Looper's bill will only hurt us. It is imperative you send/ call Rep. Looper with a strong message: do not hide a toll road corridor under a cloak of invisibility. Do not further harm private property owners and insulate private toll road companies from wrong doing. Instead she should support efforts to write meaningful toll road legislation which will eliminate the ability to file for private toll road corridors while still fostering useful transportation projects. Something is not better than nothing.

Cap: 303-866-2946
E-mail: MarshaLooper@gmail.com

Peace and Grace,

Sharon K Croghan
Save Our Homes Coalition
Weld County Colorado

HEARING OF HB08-1007 RESCHEDULED

2008-01-22T12:50:00.001-08:00

Dear Toll Road Warriors,

We have it through reliable sources that HB08-1007, Rep. Looper's toll road bill, has been pulled from the calendar for Thursday, January 24th @ 1:30, and rescheduled to be heard next week, Tuesday, January 29th, @ 1:30 PM by the House Transportation and Energy Committee. We don't have a location yet for this hearing. I have left a message with the person who actually creates the calendars at the Capitol, to get a double confirmation of this information.

If you were planning on attending this hearing for HB08-1007 on Thursday, 24th, please take it off of your calendar, and if at all possible, put it back on for next week, Tuesday @ 1:30 PM. If you have friends or neighbors who were planning on coming down on Thursday who don't have internet access, please let them know of this change of plans.

We appreciate all of your support. (The Representatives have been inundated with your emails.) We still need solid and substantial toll road legislation. HB08-1007 is not the answer.

STAY FOCUSED. STAY INFORMED. STOP THE SUPER SLAB.

Tollman

SAMPLE LETTER TO HOUSE TRANSPORTATION COMMITTEE RE: KILL HB08-1007

2008-01-19T09:36:00.000-08:00

Dear Toll Road Warriors,

Please find below a sample letter to the Representatives sitting on the Colorado House Transportation Committee. Please feel free to edit, modify or use this letter as is.

Analyses of HB08-1007 may be reviewed at Rob’s http://stupidslab.com or at http://www.abe21.net/subpage11.html where Rick Brown’s analysis is posted. Rick’s recent Letter to the Editor may be reviewed at http://frontrangetollroad.blogspot.com.

Contact information for the House Transportation Committee Members is located at the end of this blob entry.

====================================================================

Dear Representative _______,

On Thursday, January 24th, you will be hearing Representative Marsha Looper’s toll road bill, HB08-1007 in the House Transportation and Energy Committee. I am writing to ask you to please kill this bill in committee. HB08-1007 is, in essence, the same bill as Rep. Looper’s HB07-1068 which she introduced and was ultimately killed last legislative session.

HB08-1007 does NOT solve the issues facing residents of Colorado regarding private toll roads. Below are just a few reasons why HB08-1007 is a bad bill and needs to be killed:

1 HB08-1007 allows the corridor (Prairie Falcon Parkway Express) to continue in existence but removes notice of its presence from public land records;

2 Future landowners, who rely on information recorded with the county clerk, would not learn of the corridor unless sellers tell them , and

3 Future sellers, knowing how the corridor would impact their sales, would be tempted to not make full disclosure;

4 Information about toll roads would be filed with planning agencies instead of with the county recording offices;

5 HB08-1007 allows insulation from litigation to the toll road companies, title insurance companies and county clerk and recorders.

We need good toll road legislation, but unfortunately HB08-1007 is not the bill which will help protect the citizens of Colorado from what is still an enormous landgrab.

Respectfully,

Your name
address w/ county
phone number

PS If you have time and would like to read an outlined analysis of HB08-1007 please go to http://www.abe21.net/subpage11.html

====================================================================
House Transportation Committee Members and Contact Information:

Chair: Buffie McFadyen

D, HD 47 Fremont / Pueblo

Ph: 303-866-2905

Email: buffie2006@hotmail.com

Vice Chair: Gwyn Green

D, HD 23 Jefferson

Ph: 303-866-2951

Email: gwyngreen@yahoo.com

Alice Borodkin D HD 9, Denver

Ph: 303-866-2910

Email: aliceb321@aol.com

Claire Levy D HD 13, Boulder

Ph: 303-866-2578

Email: claire.levy.house@state.co.us

Don Marostica R HD 51, Larimer

Ph: 303-866-2947

Frank McNulty R HD43, Douglas

Ph: 303-866-2936

Michael Merrifield D HD 18, El Paso

Ph: 303-866-2932

Email: michael.merrifield.house@state.co.us

Diane Primavera D HD 33, Adams

Ph: 303-866-4667

Email: dianne.primavera.house@state.co.us

Joe Rice D HD 38, Arapahoe

Ph: 303-866-2953

Email: joe.rice.house@state.co.us

Christine Scanlan D HD 56, Eagle

Ph: 303-866-2952

Email: christine.scanlan.house@state.co.us

Jerry Sonnenberg R HD 65 Logan

Ph: 303-866-3706

Email: jerry.sonnenberg.house@state.co.us

Spencer Swalm R HD 37 Arapahoe

Ph: 303-866-5510

Email: spencer.swalm.house@state.co.us

Glenn Vaad R HD 48 Weld

Ph: 303-866-2943

Email: glenn.vaad.house@state.co.us

Group Email List:

PC Version:

MAC Version:

glenn.vaad.house@state.co.us, spencer.swalm.house@state.co.us, jerry.sonnenberg.house@state.co.us, christine.scanlan.house@state.co.us, joe.rice.house@state.co.us, dianne.primavera.house@state.co.us, michael.merrifield.house@state.co.us, claire.levy.house@state.co.us, aliceb321@aol.com,buffie2006@hotmail.com, gwyngreen@yahoo.com

LETTER TO THE EDITOR FROM RICK BROWN RE: REP. MARSHA LOOPER'S TOLL ROAD BILL, HB08-1007

2008-01-18T17:44:00.000-08:00

[The following Letter to the Editor was sent Friday, January 18th to the Ranchland News, Simla, CO, and the Elbert County News, Elbert CO.)

Re: Letter to the Editor

Dear Editor,

Rep. Marsha Looper is, once again, pushing an ill-conceived and ineffective toll road bill which should be opposed by citizens concerned about protecting property rights and assuring that toll road companies are held accountable for misconduct.

Rep. Looper's bill, which is known as HB 1007 bill would immunize developers of the Super Slab from liability for misconduct connected with the establishment of the corridor. It is a mystery why Rep. Looper, who campaigned as a savior of the Super Slab’s victims, is fighting for a provision that is the heart’s desire of toll road lobbyists.

Furthermore, far from lifting encumbrances from property, Rep. Looper’s bill would keep the corridor in place, provide incentives for fraud, and give no real relief to landowners. Before detailing these problems, it is necessary to describe some background.

In 2006, the legislature passed HB 1003. This bill reduced the twelve mile wide Super Slab corridor to three miles, took the power of eminent domain away from toll road speculators, and mandated compliance with detailed planning and environmental standards before moving forward with their projects. It also required the Super Slab developers to record a description of the corridor in county land offices so that anyone buying property within the corridor would know of its existence. The 2006 bill contained safeguards meant to assure that the recorded description of the corridor would not be viewed as a legal cloud on anyone’s title.

Later in 2006, the Super Slab narrowed its corridor and recorded the notices required by law. Unfortunately, though the Super Slab does not create a legal cloud on title, it did create a practical impediment for landowners wishing to sell or refinance property within the corridor. Title searches and title reports reveal the corridor’s existence. Knowledge of the corridor and the potential land seizures and irresponsible development it may lead to scare off buyers and financial institutions.

Rep. Looper’s HB 1007 allows the corridor to continue in existence but removes notice of its presence from public land records. It requires notice to be given to current landowners (who already received this under the 2006 law) and local planning agencies, but future landowners, who rely on information recorded with the county clerk, would not learn of the corridor unless sellers tell them. Some sellers, knowing of the negative impact of such knowledge, will be tempted to neglect to make full disclosure. The result will be fraud and litigation. Honest sellers who reveal the corridor’s existence would face the same problems they have now

Rep. Looper has stated that her bill will "still alert potential buyers if a property lies within the toll road corridor." This is an undoubted reference to the provision requiring information to be filed with planning agencies.

As a realtor, Rep,. Looper must be aware of the fact that land purchasers check with county recording offices, not planning agencies, when determining whether land they want is encumbered. Of course, if purchasers were to learn of the corridor’s existence by checking with planning agencies they would have acquired the same knowledge they now get through recording offices and react the same way. Under such circumstances, HB 1007 would accomplish nothing.

Rep. Looper introduced a bill similar to HB 1007 last year. She drafted last year’s bill in consultation with Super Slab lobbyists and ignored input from citizens directly impacted by the corridor. That bill was defeated as a result of citizen opposition.

This year, Rep. Looper is trying again. Though the language of HB 1007 contains some cosmetic changes it is substantively identical to the bill defeated last year. Once again, she appears primed to rush the bill through the State House while ignoring the concerns of citizens with a deeper understanding of the issue than her.

Citizens up and down the corridor are preparing to oppose this latest effort. Rep. Looper’s constituents should ask why she is wasting time by pushing a bill which protects toll road developers but does nothing for landowners.

Sincerely,

Rick Brown, Board Member
High Plains Coalition for Responsible Transportation Policy
Kiowa, CO

Stupidslab News - 1/11/08 - No thanks...again

2008-01-11T07:42:00.000-08:00

From Rob Dougherty, Stupidslab News:

The state legislature convened on Wednesday and a toll road bill was introduced by Rep. Marsha Looper. HB-1007 is intended to remedy the problem of property titles being clouded by the existence of toll road corridors. Unfortunately, it takes the approach we disagreed with last year of trying to void the notices recorded with county clerks and handing out legal immunity for damages suffered by property owners. The bill doesn't address the root cause of the problem which is Colorado's system of allowing a corridor to be staked out without first having its worthiness evaluated.

A bill passed in 2006, HB-1003, requires a company to record a disclaimer of interest and a notice of intention to build a toll road with the county clerk. This addressed landowner's complaints that title searches hadn't alerted them to the existence of the toll road corridor. This new bill would void those notices and actually forbid title insurers from reporting the recorded documents in a title search. If this were to pass we would be back to the previous situation of buyers getting no warning but with a significant difference. When these new landowners learn that they are in the Super Slab corridor they'll also learn that the title insurer they paid for a search and policy withheld the information from them. They'll learn that the previous owners got the legislature to void valuable notices, put a gag order on titleinsurers, and grant immunity from lawsuits to everyone involved. It's bad public policy.

Rep. Looper has said in several newspapers and on her website that the language in HB-1003 requiring documents to be recorded was a "drafting error" made by the lawyers. I emailed her some time ago asking for an explanation but have had no reply. The language in question is the same language that was in a bill in 2005 that was vetoed by Governor Owens. That bill, HB-1342, was put forward by Marsha Looper's group, the Eastern Plains Citizen's Coalition. They hired lawyers to negotiate a bill and lobby for it. So if there was an error she didn't pick up on it in 2005 nor 2006. Another bill passed in 2006, SB-115, has nearly identical filing requirements. So, three bills were promoted by the eastern plains residents and two of them were signed into law. There was no drafting error. They are good bills and need to be left alone.

I don't expect any of the Super Slab opposition groups to support this bill. The Elbert County group has posted a message on the subject at www.abe21.net A bill that will get to the root of the problem has been discussed and I expect we will be hearing more about that before too long.

You can read the bill here (pdf file): www.stupidslab.com/HB08-1007.pdf

New (?) Looper Toll Road Legislation

2008-01-10T12:15:00.000-08:00

Dear Toll Road Warriors,

As most of you may know, the 2008 Colorado legislative session has just begun, and now Rep. Marsha Looper will soon be introducing HB08-1007, a thinly guised version of last year's HB07-1068, which, after much work by the combined Eastern Plains coalitions, went down in flames. This bill has already been analyzed by coalitions' leadership.

To view HB08-1007 in its entirety, and to see Elbert Toll Road Warrior and retired attorney Rick Brown's detailed analysis, please go to www.abe21.net

Stay informed.
Tollman

2007-12-21T08:40:00.000-08:00

The following is from Stupidslab.com
Rob, as always, has his finger on the pulse of the elusive Ray Wells and his ill-conceived Superslab. Thank you Rob!

When HB-1003 was passed in the Spring of 2006 it gave toll road companies several months to amend their corporate charters and to send out notices to land owners. So in August 2006, with great fanfare, the Super Slab announced that they had a new name, a new website and they had mailed out notices to all land owners. They had a mailing address, a toll free telephone number, and pages at the website where you could submit questions or sign up for news updates. Sixteen months later I have received no news updates and for the last few months people have been telling me that they never receive replies to their messages left by telephone or at the website. The Colorado Springs Independent recently contacted Super Slab spokesman Jason Hopfer for a comment on a story they were doing. Hopfer told them that he wasn't currently doing any work for the toll road. A few weeks ago, I emailed a question to Ray Wells at his accounting/management company and have received no answer. I had emailed him once before and received a quick reply. Next, I noticed that his bio page has been removed from the website of his company, www.rswellsllc.com . And finally, the toll road website ( www.prairiefalconparkwayexpress.com ) is gone, it disappeared about four days ago.

What do all of these things mean? I don't believe we can be so lucky that Ray Wells has retired and given up on the Super Slab. I believe the website and press conferences were just a public relations move to counteract the fallout from notifying 5,000 landowners that he had plans for their property. Having served their purpose Wells has lost interest in maintaining them. We will find out soon enough, the legislature convenes in January and I expect his flying monkeys to be there as usual trying to work things to their advantage.

Last year during the legislative session we heard from realtors who said people didn't want to look at property in the toll road corridor. Others said that property values were suffering. It was hard to know exactly how great the problem was at the time but in recent months I've heard from people who have had home loans denied because the title searches are showing the documents recorded by the Front Range Toll Road Company. The titles are clear but the lenders are scared away by the officially recorded toll road plans. The recorded papers aren't the problem, prospective buyers SHOULD be notified that the state has granted a charter to a corporation intending to build a toll road on (or near) the property. The problem is that the state grants these charters without any evaluation of the toll road plan. The
incorporation can be done online in 10 minutes, you only need to provide a contact name and address and pay a small fee. Last year I contacted the Secretary of State's office about a toll road company that hadn't included a required map in their filing. They said they don't check for that, the applicant had filled out the form and paid the fee so they're in business.

Central Colorado Toll Road, Inc. has never complied with the requirements of HB-1003. After the bill passed the owner didn't file annual reports and the corporation expired. But now he has renewed it without complying with the renaming, owner notification and document recording requirements of HB-1003. If he were to comply with the requirements it would show on title searches for his corridor along I-25 from Colorado Springs north to Arapahoe County. Most of the property in Castle Rock wouldn't be able to get financing. Kiwi Corporation, PTR partially complied with the new law. They renamed the company and narrowed their corridor to three miles wide but they didn't notify landowners nor record documents with the county clerks. If they were to comply you wouldn't be able to finance property in a three mile wide strip in Arapahoe County from C-470 to the Kiowa Bennett road along East Quincy. There are a couple of others that I won't go into now but the point is that our toll road corridor situation is out of control and the laws need to be changed. Hopefully we will get something meaningful from the legislature this year. On Robert Thomasson's Better Elbert site at www.abe21.net he gives a bit of a preview. When more is known I'll send it along.

If financing for your real estate transaction has been disapproved because of the toll road please let me know. I won't disclose your name or location but we need to find real cases where this has happened. It is hurting both buyers and sellers. I know of a buyer who is being sued by the seller because the financing was refused. I know of a family who got a construction loan to make improvements and now can't refinance the loan into their mortgage. Let me know if it has happened to you.

**********************************************
Rob Dougherty
Pueblo County

Senator Stephanie Takis in Elizabeth, CO

2007-11-28T12:12:00.000-08:00

http://www.abe21.net

Senator Stephanie Takis Brunch

Botana Junction Restaurant Meeting Room, Elizabeth, CO

Saturday, December 1, 2007, 11:15 AM

Excerpt from the announcement: “State Senator Stephanie Takis (D-Adams County) will be hosted by the Elbert County Democratic Party at a fund raising brunch... Senator Takis, who chairs the Senate Transportation Committee, has been a strong supporter of the property rights of the many Elbert County residents whose homes and land have been threatened by the Super Slab private toll road. She provided invaluable assistance in the successful fight for legislation which took eminent domain powers away from the Super Slab and other private toll road companies and which blocks irresponsible toll road projects by requiring compliance with strict environmental and planning requirements. Senator Takis is also extremely knowledgeable about the transportation challenges facing Colorado, a state whose transportation infrastructure confronts the demands of a rapidly growing population with a limited budget. She will provide a brief overview of these challenges and then take questions from the audience. This event is open to anyone…Admission to the brunch is $10, which does not include a meal.”

MEETING AGENDA CHANGES - OCT. 30TH

2007-10-25T06:58:00.000-07:00

3rd Elbert County Citizens' Meeting
Tuesday, October 30th
Gates Community Hall, Elbert, CO
6 PM - "Subdivide and Conquer"
7:15 PM Richard Miller, Elbert County Planning Director

The HPCRTP will be hosting its third meeting in a series next week, (Tuesday, October 30th) on development, transportation and water issues in Elbert County. Because of illness, Richard Miller, Elbert County's Planning Director, has rescheduled and will be doing his presentation on "Smart Growth" with proposed changes to the Elbert County Master Plan targeting 'density bonuses.' (approx. 7:15 PM)
The video "Subdivide and Conquer" will again be shown early (6 PM) so that citizens who haven't had the opportunity to view it may do so before joining in open dialog after Mr. Miller's presentation.
We encourage citizens to join this discussion with Mr. Miller. Your ideas and opinions matter. Please participate in protecting the unique rural nature that is Elbert.
The meeting will be at the Gates Community Hall in the town of Elbert. Coffee and cookies will be available. We look forward to seeing you there.

Toll Road Warrior Update 10.21.07 - Elbert Meetings Scheduled

2007-10-21T18:14:00.000-07:00

http://www.abe21.net
http://frontrangetollroad.blogspot.com

There are a number of meetings being held in Elbert County this week. They are listed them below with a short summary including the date and location.

To review the Elbert County Master Plan, Zoning Regulations, Subdivision Regulations or Guidelines and Regulations for Areas and Activities of State Interest, the Elbert County Planning Department has provided links to these documents at
http://www.elbertcounty-co.gov/dept_planning.asp

Elizabeth Transportation Master Plan Meeting

Elizabeth High School Cafeteria,
Tuesday, 10/23/2007 at 7PM

Partial quote from the 9/12/2007 notification letter from the Town of Elizabeth: "The purpose of the Street Plan is to identify road alignments, as well as to seek current and/or future dedications and improvements, of roads that are determined requisite as part of the longer-term Elizabeth area road network. The Elizabeth area includes all lands within the Town's "Three Mile Area", pursuant to CRS 31.12.105(e). The Street Plan document is available for review at Town Hall, 321 S. Banner St., Elizabeth, CO during business hours (M-F, 8 AM to 5 PM) or on the town website:www.townofelizabeth.org/street_plan.htm"

This is the last scheduled meeting on this issue according to the website http://protectelizabeth.com.

Elbert County Master Plan Forum

Gates Community Hall in Elbert, CO
Tuesday, 10/23/2007 at 7:15 PM

Richard Miller, Elbert County Planning Director, will be presenting proposed changes to the Elbert County Master Plan. This meeting is intended as a presentation of proposed changes and an opportunity for Elbert County residents to ask questions and provide their input to Mr. Miller.

This is the second of three scheduled meetings focusing on growth and planning in Elbert County, each meeting building on the last. If you missed the first meeting in the series, and would like to see the documentary, Subdivide and Conquer, it will be shown again it at 6:00 PM at the Gates Community Hall.

Elbert County Board of County Commissioners Meeting

Elbert County Court House, 2nd Floor BOCC Meeting Room
Wednesday, 10/24/2007, 9 AM to 4:30 PM

No Agenda is currently posted on the Elbert County website. Please check
http://www.elbertcounty-co.gov/

Elbert County Planning Commission Meeting

Elbert County Court House, 2nd Floor BOCC Meeting Room (will be changed to the Ag Building at the Fair Grounds if attendance exceeds capacity of the Meeting Room)
Thursday, 10/25/2007

Richard Miller, Elbert County Planning Director, will be presenting proposed changes to the Elbert County Master Plan.

No Agenda is currently posted on the Elbert County website. Please check
http://www.elbertcounty-co.gov/

Attend Governmental Meetings

If possible, please plan to attend Board of County Commissioner and Planning Commission Meetings. Whether or not you speak, attendance at these meetings is key to positive, sensible changes to development in Elbert County.

HPCRTP - ELBERT MEETINGS SCHEDULED

2007-10-03T09:28:00.000-07:00

The High Plains Coalition for Responsible Transportation Policy will be holding a series of three meetings during the month of October. The meetings will cover an update on toll road information, development in Elbert County, and adjudicating your water rights. The PBS video, Subdivide and Conquer, will be shown at all three meetings, with discussion to follow. Richard Miller, Elbert County Planning Director, will be giving a presentation on his proposed "smart growth" changes to the Elbert County Master Plan at the second meeting.

We encourage residents of Elbert County to attend all three meetings and participate in the discussions. This will be your opportunity to not discuss what is wrong with our county and who is responsible, but to be a part of dialog about positive changes that will make Elbert a better county in the future. The video will be shown earlier (6 PM) at the second and third meetings to accomodate those who are unable to attend the October 17th meeting.

All meetings will be held at the Gates Community Hall (formerly the Gates Mercantile Building) in the town of Elbert, CO.

Wednsday, October 17 7:00 PM

Meeting overview
Update on toll road

Subdivide and Conquer(1 hr)

Adjudicating Water Rights - Why It's Important
Discussion

Tuesday, October 23 6:00 PM

Subdivide and Conquer (1 hr)
Presentation by Richard Miller, Elbert County Planning Director
Discussion

Tuesday, October 30 6:00 PM
Subdivide and Conquer (1 hr)
Discussion

ELBERT COUNTY PLANNING COMMISSION WORKSHOP

2007-07-11T20:07:00.000-07:00

Notes: Below is Jerry Koch’s announcement regarding the July 12th Planning Commission Workshop

The Planning Department and the Planning Commission will be conducting a workshop on July 12, 2007, 7:00 PM in the AG building at the County Fairgrounds. This workshop will feature an educational Water Workshop and the Elbert County Water Advisory Board’s recommended changes to the MasterPlan.

Time permitting, the group of citizens that have been working on recommended changes to the Master Plan will be given an opportunity to present its recommendations. I have had the opportunity to talk with Richard Miller, Planning Department Director, about the Master Plan and other county documents. He has consistently proven himself to be receptive to ideas and citizen’s concerns. Richard and his department have developed a number of significant changes to the Master Plan. We like the improvements Richard has made since coming on-board andare impressed with the direction he is heading.

If changing the direction of development in Elbert County is important to you, I encourage you to attend this meeting on July 12 to show support for the new direction being proposed by Richard and the Planning Department. Without public citizen support, nothing will change!!

PLEASE NOTE: This is not a hearing and it is highly unlikely there will be a public comment period.

I've attached the agenda for the Water Workshop for your information

FRIENDS WHO CARE ABOUT ELBERT COUNTY

The purpose of the Elbert County Water Advisory Board is to Preserve, Protect and Conserve the Precious Water Resources of our County and to Educate the public and our local government agencies about water issues. As such, we are conducting a Water Workshop with the Planning Commission and Planning Department on July 12, 2007 at 7:00 PM at the Ag Building in Kiowa.

The first part of the Workshop will be educational in nature and will and cover the following topics:

• An overview of the basics of groundwater in the Denver Basin and the legal aspects of groundwater, including Senate Bill 5 (George VanSlyke retired head of the Geotechnical Department of the Colorado Division of Water Resources)

• Specifics of the Denver Basin aquifers in Elbert County , a practical application of SB-5, 300 year water requirement and related water issues (Jerry Koch)

• Presentation of the ECWAB Glossary (Bob Ransom)

• How water issues are addressed by the governmental agencies in other states (Craig Curl)

• Water regulations and activities in Douglas County (Shellane Dorman)

• Water regulations and activities in Jefferson and Clear Creek Counties and intriguing approaches to monitoring water levels in wells (Larry Cerrillo)

The Board will then present and discuss specific recommendations to the Planning Commission and Planning Department for water related changes to the Elbert County Master Plan, 1041 Regulations, PUD and Zoning regulations.

Water is essential to life and we encourage everyone to attend this workshop and get involved in determining the future of water resources in Elbert County .

Sincerely,

W. Jerry Koch, Chairman
Elbert County Water Advisory Board

Keep up with what is really happening in Elbert County. Visit A
Better
Elbert at http://abe21.net

STUPID SLAB NEWS - 6/29/07 - 21ST BIRTHDAY

2007-06-29T13:36:00.000-07:00

Warriors,
Another excellent update on the Super Slab from Rob Dougherty:

Subject: Stupidslab News - 6/29/07 - 21st Birthday
Date: Fri, 29 Jun 2007 02:25:40 -0600

I've had a number of emails recently asking what is happening on the Superslab front. The answer is "not much." I verified with CDOT yesterday that the Front Range Toll Road Company hasn't submitted a request to do an environmental study. That is the next step they would have to take. CDOT assures me they will post it on their website and email the list of interested people if that ever happens.

No new toll road laws were passed in 2007 which is a good thing as it turned out. The last version of the bill considered would have given amnesty to the Superslab for the havoc they have caused and might cause in the future. The debate on HB1068 did help us clarify the issues though. The first issue was being called "perpetuity" but a better name might be "longevity." Even the Superslab's lawyer agreed that a toll road company shouldn't be allowed to exist in perpetuity without any progress. The question is how long they should be allowed to stay in business if they aren't doing anything.

The second issue was being called "disclaimers" since it came to a head after the Superslab recorded with the county clerks a notice of their intention to build a toll road and a disclaimer of interest . The disclaimer of interest clarified that there is no easement or other claim on corridor properties. That was intended to reassure landowners and potential buyers but any positive effect of the disclaimers was far outweighed by the recording of the intention to build a toll road. Owners trying to sell property have had buyers back out and property values have dropped. There were attempts to undo the parts of HB1003 (passed in 2006) which made these notices mandatory. But as Stu Hicklin of Weld County told me "last year's legislation that forced Wells to file maps and 'disclaimers' on the corridor did exactly what it was intended to do: Make everyone aware that Wells intended to build a toll road through their property. Buyers and sellers need to know this, and yes, it does affect the sale." The solution he says is not in hiding the existence of a toll road company's plans but in shutting them down if their projects aren't going anywhere. I agree.

****************************************************************

There was a birthday this week and I forgot to send a card. The Front Range Toll Road Company turned 21 years old on June 26. It's old enough to drink and to go to the casinos. It's one week older than Lindsay Lohan; maybe they can party together when she gets out of rehab. It has also been two and one half years since Ray Wells dusted off this old plan and said he was ready to get to work on building it. But other than renaming the road and putting up a website he hasn't done anything that we haven't forced him to do by passing HB1003.

****************************************************************

Colorado Springs developer Lindsay Case has filed ANOTHER toll road corporation. This is his sixth but he has let four of them lapse rather than comply with the requirements of HB1003. The new one, Southlink Inc, PTR would start at mile 123 of I-25 and run east of Security and Widefield to South Powers Blvd. They have not yet filed the notice and disclaimer with El Paso County. His other active project, Springs Toll Road, filed those in February. Much of that road would cross the huge Banning-Lewis Ranch area which is being subdivided. The developer of Banning-Lewis is opposed to the toll road.

On the El Paso County "Not For Sale" map at www.stupidslab.com you'll see about 1000 acres that is shaded pink to the southwest of Calhan. That is land belonging to Lindsay Case. Some of it is in the Superslab corridor and the rest is nearby. In December of 2006 Case incorporated" High Plains Ranch Water Resources". Not telling what that's about.

****************************************************************

I'm updating the Not For Sale maps to show land outside of the corridor that belongs to owners who have signed letters for their in-corridor lots. I've used a different color to distinguish those parcels. The maps show that Wells won't find the mythical "willing sellers" by moving his corridor to the east or west. Look particularly at Elbert, El Paso and Weld counties. Guttersen Ranches (32,000 acres), Kiowa Creek Ranch (65,000 acres), T-Cross Ranch (63,000 acres) and many others have signed letters and their property extends for milesoutside of the corridor. I'm doing the same thing with State Trust Land. Look at north Pueblo County. There is a 20 mile width of state land. A Land Board official told me that they have told Ray Wells they will oppose a road on state land. And they don't know how he thinks he can get a right-of-way on Stewardship Trust Land. Read the earlier entry on stupidslab.com for details on Stewardship Trust Land, it's protected by the state constitution to preserve its open space and natural value. But Wells figures he can put a 1200 foot wide corridor of trucks, trains, pipes and wires through there. We'll see.

If you have property in the Superslab corridor and haven't signed a "Not For Sale" letter yet please do so. Go to www.stupidslab.com and click the link at the top of the page. If you HAVE signed a letter and have more lots outside of (but near) the corridor send me your name and county so I can mark them.

***************************************************************
Rob Dougherty
Pueblo County
www.stupidslab.com

CLARIFICATION TO BLOG ENTRY 5.16.07

2007-05-17T21:29:00.000-07:00

In the previous blog regarding contributors to the new Elbert website, www.abe21.net, an error was made regarding John Fulton. I wrote that he was part of the leadership of the Elbert County Democrats. In fact, John heads the Democrat Committee for House District 40 (HD40). HD40 encompasses Southern Arapahoe County and Elbert County. Rick Brown is the chair of the Democrat Party for Elbert County. I apologize for any confusion.

Tollman

THERE'S A NEW WEBSITE IN TOWN FOR A BETTER ELBERT

2007-05-16T11:17:00.000-07:00

We invite everyone to visit our new Elbert County, Colorado website: www.abe21.net

ABE21 stands for "A Better Elbert."

Robert Thomasson has created this site for dispensing information about all aspects of life in Elbert County. "Abe21.net will help to bring Elbert County into the 21st Century by providing relevant dialog on the important issues facing Elbert County residents. Together we can make a better Elbert that allows for modernization without sacrificing rural values, " Robert says. There will be opinions and editorials by a diverse group of citizens, up to date local weather reports, information regarding county commissioner and planning commission meetings, legislative information, links to important sites, just to name a few.

This will not be a partisan site. People from both sides of the political aisle have been invited to participate. There will be columns written by John Fulton and Rick Brown, both leaders in the Elbert County Democrat Party. Senator Greg Brophy (R) has agreed to be a contributor. Our county commissioners will be invited.

We encourage all residents of our county to visit the site, comment, and submit relevant guest editorials. The site will be monitored daily and there should be something new to read on a regular basis. If you think of something about Elbert County that you would like to read about that isn't being posted, please contact Robert and he'll do his best to get it up on the website. His email address is rvtgr8@prairienetworks.com.

It's easy to remember:

abe (A Better Elbert) 21 (21st Century) .net
abe21.net

Please CHECK IT OUT

Piñon Canyon Needs Our Help

2007-04-12T08:48:00.000-07:00

PROPOSED US Army Piñon Canyon MANEUVER SITE

Over the past few years, many of you who are reading this bulletin have come to rely on the opinions of the members of the HPCRTP to provide you with accurate information and responsible opinions on the various topics that have surfaced in regards to the Super Slab. Eminent domain abuse has been at the very core of many of the battles we have fought together. An issue has come to our attention that is no less devastating than the Super Slab. The landowners in the Piñon Canyon area (Las Animas County , SE corner of Colorado) are on the brink of losing their homes to an unprecedented land grab by the United States Army.

The HPCRTP is an organization that was formed for the expressed purpose of promoting responsible transportation policy. Piñon Canyon is not strictly a transportation issue and so I must remove my hat as the spokesperson of the HPCRTP. I am writing to you only as a concerned Coloradan who believes that it is time to take a stand on a difficult issue.

Piñon Canyon Maneuver Site currently occupies 235,000 acres near Trinidad, Colorado. Unbelievably, the US Army has stated that they wish to expand this training area to an estimated 2,500,000 acres; an area four times the state of Rhode Island! It would be the largest training facility of its kind in the nation. This move would devour protected lands in Picket Wire Canyon, take away North America’s largest dinosaur track site and displace over 15,000 citizens. This would eclipse the (NTC) National Training Center in Ft. Irwin, California. The NTC is 1,000 square miles. Piñon Canyon Maneuver Site would be 4,000 square miles.

Imagine a scheme that would allow the Army to lay claim to the states of Delaware, Rhode Island and the District of Columbia. The outrage would be truly amazing. The message for people living in the more sparsely populated West is that our property rights are not as meaningful and certainly not as important as the Army’s desire to train soldiers. It gives the impression that war and the preparation for it are more important to the United States government than protecting the rights of its citizens.

If the Federal Government wishes to exercise its power of eminent domain in the Piñon Canyon Maneuver Site matter, Colorado cannot stop them. That being said, HB07-1069 (sponsored by Wes McKinley, D-Walsh) has passed the Colorado House of Representatives and has made its way through committee in the Senate. This bill, if passed through the Colorado Senate, would tell the Feds that we do not want this taking to occur. The Army has not shown it to be a necessary or desirable expansion. It does not take into consideration the adverse impact on Colorado. If passed, the project will be, in my opinion, less desirable to the government.

If you care about the future of Colorado, do not stand idly by while the Army condemns thousands of square miles of private property in Southeastern Colorado. Write or call your State Senators and tell them to support HB-1069. Representative Wes McKinley is sponsoring this important legislation. He has been a private property rights champion for us in the past. It’s time that we return the favor. For more information on how you can become involved, go to http://www.pinoncanyon.com.

Robert Thomasson
Elbert, CO

PROTECTING YOUR WATER RIGHTS - WHAT YOU MAY OR MAY NOT KNOW

2007-04-05T12:40:00.000-07:00

(From the Elbert County News - Toll Road Warriors - April 5, 2007)

This is our first week in several months that has not been dominated by the toll road legislation. We, like most of you, have many things that require attention in the early spring, but before you start that cleaning or gardening project, we would like you to consider the first item on our “to do” list. Just like we would take the time and expense to build a fence around our annual garden with which to keep critters out, we have decided to build a protective fence around our water rights. Unlike the rabbits and deer that covet our vegetables because they are merely trying to survive, those who would take our water rights from us aren’t warm and fuzzy. Nothing is cute about greedy businessmen who would encroach upon your property rights in a vain attempt to quell their insatiable greed.

We live in the Denver Basin and have several bedrock aquifers under our property. A property owner with proper consent may lay claim and draw ground water from these aquifers. These water rights can be recognized in the Water Court or by the Colorado Ground Water Commission if they are located within a designated basin. After some simple research on the internet, we were able to determine that we are in the Kiowa Bijou designated ground water basin and therefore a candidate to adjudicate our rights. The actual costs associated with this process used to be quite formidable for the average landowner and so it was not often done. Recently, the prices on it have become much more affordable and for what protections you gain, we recommend that people should look into it.

Before discussing the actual steps involved in getting your rights adjudicated, it is important to know what you stand to gain for your efforts. This is best demonstrated by using our property as an example. We live on sixty acres at an elevation slightly above 7,000 ft. in a designated basin. Our original well permit allowed us a single acre foot of water per year out of the Upper Dawson aquifer. We avoided the temptation to save money and drilled as deeply as our permit allowed in case the water table were to ever drop. Water wells can run dry and if you have had your water rights severed or have not adjudicated your rights, you might find yourself in the unenviable position of having to purchase expensive water from another source. How upset would you be if you had to purchase water from underneath your own home? We would be livid.

In 1985, the State Legislature passed SB-5 which allows landowners to claim their rights in the Denver Basin. Diminishing water supplies and pressure from developers are causing some legislators to rethink this law. Once adjudicated, the rights are yours and cannot be infringed upon by developers. These people might be looking to take your rights so that they could then sell the groundwater to cities outside the county, reaping huge profits in the process. We consider this reasonable insurance against changes in the laws that might be pushed by greedy developers.

The rights have value which will monetarily appreciate as the need for water increases with future development. If claimed, these rights will be yours and could actually be sold or used as collateral on a loan. Most land transactions out here are made without consideration of the value of the rights to the water. If you sell your property and you have not adjudicated your rights, you might be giving away something that may have a tremendous value in the near future as water is becoming the new gold of the American West. Keep in mind, we have no intention of selling our rights. Even if we did, there currently is no water pipeline or pressure to sell our water where we live,but there are places in our county where an acre foot of water can be worth many thousands of dollars.

Don’t think it could happen? There are people who just a few years ago would have told you that living next door to a Wal-Mart in Elbert County was something that they wouldn’t have ever seen in their lifetimes. Whether we like it or not, the growth is coming and the demand for water will only rise. Remember, if you do not claim your rights, it is entirely possible that someone else will.

Here is what we did: We went to the (CDWR) Colorado Division of Water Resources web site on the internet at http://water.state.co.us and read about the Denver Basin. We knew our designated basin from our well permit but there are maps online that will show you what aquifers apply in your case. There are also helpful people at their downtown Denver offices located at 1313 Sherman Street if this becomes too frustrating. The forms we needed were GWS-53 Application For Determination of Water Right Within a Designated Ground Water Basin Pursuant to Section 37-90-107(7) C.R.S. An application must be filed for each of the aquifers for which you are applying at a cost of $60.00 each. In our case, we were applying for rights in five separate aquifers bringing the total to $300. The questions are simple and the forms take little time to fill out. Each application requires a statement of ownership that has a legal description of your property. This is something you will find in your purchase papers. The papers need to be turned in to the CDWR. A public ad will be run in the county paper for which you will be billed by the CDWR. An add of this type is around $90 and will run twice.

After this is done, a waiting period of a month must transpire which allows citizens to come forward with objections or questions. If no insurmountable roadblocks are encountered during this time period, the water court will then evaluate and notify you regarding your claim and tell you to what rights you are entitled. This could take as long as six months. In our case, we might be looking at protecting in excess of 100 acre feet of water, considerably a greater amount than the one acre foot we initially were granted with our well permit.

We leave you with a couple of thoughts: Ray Wells is one of the most respected authorities on the creation of special districts in the Western United States. He has forgotten more information about water resources than many so called experts have ever learned. His Super Slab runs through the heart of the Denver Basin. A coincidence? We think not. If he ever gets his project off the ground, he will be one of the largest property owners in the state. Do you really think he has overlooked the millions of dollars worth of water that lie underneath the Super Slab? Water pipes in a toll road utility corridor sound like an idea Ray might just consider. Maybe we all need to think about protecting our precious water rights.

*****

We don't pretend to know what your needs are, and would not presume to tell you what your water rights or usage should be, but all of these suggestions have appeared on successfully adjudicated water rights claims.

1) These forms apply only to areas that are impacted by the Denver Basin. For those of you outside of the Denver Basin, check with the Colorado Division of Water Resources to see what is available in your area and which forms you should use.

2) On your Application for Determination of Water Right within a Designated Ground Water Basin

a - On #5 (ANNUAL AMOUNT OF GROUND WATER), make your selection carefully. Possibly better to mark on the highest annual amount (first check-box)
b - On #6 (USE OF GROUND WATER): Here is a list of possible uses you may have. Choose whichever ones might apply.
irrigation, domestic, commercial, industrial, recreational, stock wtaering, fire protection, manufacturing, fish and wildlife, sanitary uses, replacement and augmentation

On form GWS-1 make SURE you use your legal property description - not the address of your property. You will find this on your closing papers when you purchased your property.

Robert and Gaye Thomasson

STUPID SLAB NEWS - 3.21.07 HB07-1068 DEFEATED (....LET THE SPINNING BEGIN)

2007-03-21T08:23:00.000-07:00

I've been holding off on announcing the Senate Transportation hearing forHB-1068 to see if last minute meetings would settle the issue. They have. After meeting with representatives of eastern plains groups, the Front Range Toll Road Company, CDOT and others, the house and senate sponsors of the bill have agreed to postpone it indefinitely. In other words it's dead.

This is good news because the Front Range Toll Road Company had managed to get an immunity clause inserted in the bill that opponents weren't able to remove. Although the company would have no liability from good faith attempts to follow the law and to build a tollroad, they are apparently quite nervous. The immunity clause in the bill would have shielded them even for gross negligence or willful misconduct. Opponents preferred to live with clouded titles for the time being rather than see them pardoned for actions we may not even know about yet.

The hearing will still be held on Thursday but committee members and sponsors have agreed that the bill will not go forward. So there is no need for us to attend in large numbers to oppose the bill and no need to send more emails to the senators. The issues of companies existing in perpetuity and exceptions being listed on title insurance policies may be referred to this summer's meeting of the Transportation Legislation Review Committee.

[For a history of the events of the last few days see http://frontrangetollroad.blogspot.com.] I've also included Rick Brown's letter to the Transportation Committee below. Please read that for an explanation of the issues.

I was a happy camper when I started writing this but in the meantime I'm seeing what will be in the morning papers. Representative Looper and Senator Williams have spun this to the press as if we're a bunch of simpletons who didn't understand what a good thing this bill was. One newspaper says there was an offer to remove the provision that gave immunity from lawsuits, that isn't true. Another says that the bill would "indemnify" toll roads for lawsuits. That would mean someone else (the state?) would pay the damages for the toll road companies, that isn't true. In the Chieftain article Rep. Looper complains "There were citizens in that meeting that did not live in the corridor. Their (property) titles are not affected." She set up the meeting and invited those people. She doesn't mention that there were also numerous people from inside the corridor at the meeting and they opposed the bill. On Monday she made an issue that no one from Pueblo County was present but I don't know of any being invited to attend, I know I wasn't.There are a dozen more inaccuracies but I won't go into them.

The bottom line is that Rep. Looper excluded property owners from the meeting where the final version of the bill was drafted. She included the Front Range Toll Road Company, CDOT,the county clerks association, and the title insurers association. What they came up with was that they should give themselves protection from lawsuits. And what appeared to be improved timelines were no timelines at all. That was not acceptable, it was even rejected by the groups who initially supported the bill. Whatever, we wanted it killed and it was.


News on the defeat of HB-1068.
http://www.chieftain.com/metro/1174461059/3
http://www.gazette.com/onset?id=20393&template=article.html
http://www.summitdaily.com/article/20070320/NEWS/70320016
http://cbs4denver.com/politics/local_story_079235552.html

**********************************************
Rob Dougherty
Pueblo County
www.stupidslab.com

PLEASE SEE RICK'S BROWN'S ANALYSIS OF THE BILL BELOW:
MEMORANDUM   (MARCH 18TH)

OPEN LETTER FROM MARSHA LOOPER AND SENATOR SUZANNE WILLIAMS

2007-03-20T15:06:00.000-07:00

From: "Marsha Looper"
Date: March 20, 2007 3:52:33 PM MDT
To:
Subject: FW: HB1068
HB1068 Toll Road Statutes

Dear Property Owners,

It has been our privilege to work with the property owners and other stakeholders on this very important issue. Over the last three months we have tried to address some of the major concerns with existing toll road statutes on behalf of the thousands of property owners in the current toll road corridor. Many people who live and work in the corridor have contacted us and are greatly concerned about their titles being “clouded” by permanent documents that were recorded due to a flaw in the existing toll road law.

On Monday, March 19th Representative Looper and Senator Williams met with Robert [and Gaye] Thomasson (Elbert County), Mike Coan (Weld County), > Cindy Bulinski (Adams County), Chuck Saxton (Adams County), Karen Shipper (El Paso County), Stephen and Francis McGraw (Weld County), Jae Mundt (lobbyist for Save Our Homes), John and Shellane Dorman and others whom all requested that HB1068 be withdrawn. In response to their request, we have agreed to recommend to the Senate Transportation Committee that the bill be postponed indefinitely.

In HB1068 we attempted to address these serious issues regarding the “claiming of the corridor”, “claiming the corridor in perpetuity” and realistic timelines. We were willing to submit a simplified version that would have cleared the titles and corrected the flaw in the current law regarding the filing and recording of private toll road documents.

By postponing HB1068 indefinitely, the unintended consequences of current toll road statutes; such as the permanent recording of documents on the individual property titles remain unresolved.

We greatly appreciate the comments and concerns of the property owners, and the efforts of our colleagues in the House of Representatives who made every attempt to resolve these issues. We are hopeful that the concerned citizens will continue to voice their opinions and work with the Transportation Legislative Review Committee in the upcoming summer session.

Respectfully,

Representative Marsha Looper
Senator SuzanneWilliams

MESSAGE FROM SENATOR SUZANNE WILLIAMS TO JOHN FULTON, CHAIRMAN, HOUSE DISTRICT 40 STEERING COMMITTEE

2007-03-20T14:46:00.000-07:00

From: suzanne williams

To: John Fulton

Sent: Tuesday, March 20, 2007 1:59 PM

Subject: Re: HD 40 Steering Committee Resolution

John,

Thank you so very much for your email concerning House District 40 Steering Committee's request to withdraw HB 1068. You will be happy to know that the bill will be postponed indefinitely on Thursday in the Senate Transportation Committee. I am very please Please let the other members of the Steering Committee know about HB1068.

Suzanne

HB07-1068 POSTPONED INDEFINITELY

2007-03-20T10:44:00.000-07:00

DEAR WARRIORS,

WE JUST RECEIVED A CALL FROM SENATOR STEPHANIE TAKIS'S OFFICE INFORMING US THAT SENATOR SUZANNE WILLIAMS HAS P.I.'D HB07-1068. PI means POSTPONED INDEFINITELY.

This means that HB07-1068 will NOT be heard this year in the legislative session.

The bill is still on the agenda in the Senate Transportation Committee Thursday morning, at approximately 9:15 AM. As a courtesy to the Senate sponsor of the bill, Suzanne Williams, the members of the Committee will abide with her decision to P.I. the bill, and there will be consensus by the Committee. It is done. It is over.

There is no need at this time for citizens to go downtown to testify. You are welcome to attend (Thank you, Sen. Takis) but it is now not necessary.

The legislators have heard your messages loud and clear. They've been inundated with phone calls and emails. The bill and its latest proposed amendment are gone.

If you were planning on going to Denver or know someone who doesn't get internet and was planning on going, please pass along this message. We plan on being there to see the tip of the SS 1068 sink below the waves for good.

At this time, I would like to ask all of you, ALL of you, to spend a few moments and write to Senator Suzanne Williams: suzanne.williams.senate@state.co.us and thank her so much for postponing this bill. She listened....and made the right decision.

The leadership of all the coalitions up and down the corridor realize that there are issues that still need to be addressed concerning private toll road legislation, ie., perpetuity, spending limits, clouds on titles, improperly filed letters from the Super Slab, etc. We will continue to find the best avenues to deal with these issues in new legislation.

We so appreciate all of your continued support.

STAY INFORMED! STAY FOCUSED!
STOP THE SUPER SLAB!