S O U N D   O F F


March 1, 2008

Subject: Super Slab by Rob Dougherty
The committee hearing for HB-1343 was postponed again. It is on the schedule for next Tuesday at 1:30. In the meantime we have received a CDOT memo opposing the bill for the flimsiest of reasons. They say it is "Two Years
Too Late - The Legislature Has Already Acted." By that logic the legislature shouldn'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
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 be passed 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 to corporations. 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.