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Some Points To Consider about the Toll Road and HB 05-1030

  1. HB 05-1030 repeals statute that regulates and sets standards for privately owned toll roads in Colorado. Pikes Peak Toll Road was the only other privately owned toll road in Colorado. There are no subsequent statutes for privately owned toll roads. HB 05-1030 does not replace those statutes.
  2. HB 05-1030 will allow construction to proceed before there has been any assessment of community and environmental impact and without the involvement of local governments in placement decisions. The Colorado Dept. of Transportation study found the toll road “not feasible.”
  3. HB 05-1030 repeals existing statutes requiring private toll road operators to maintain roads in good condition and provide penalties when they fail to meet this obligation.
  4. HB 05-1030 allows construction to proceed without any prior requirements that the company compensate local government for the costs of providing emergency services in the event of accidents or hazardous materials spills along the highway.
  5. FRTR will interrupt the flow of traffic along local roads and rural areas. HB 05-1030 contains no requirement that the company provide over- or underpasses for such traffic.
  6. HB 05-1030 was rushed through the State House without the knowledge of the affected citizens. The House acted based on misleading 20-year-old information submitted by the FRTR Co.
  7. HB 05-1030 would allow the FRTR Co. to sell the toll road assets, including the real estate, completed toll road, the right of way and its facilities at any time to any one whether or not the toll road has been completed, or whether the buyer is qualified to run a portion of or all of a toll road.
  8. The air pollution and noise associated with the industrial traffic along the toll road and railway will degrade the rural environment of all of the counties through which it passes.
  9. FRTR Co., a private, for-profit corporation, will have the power to execute the rights of eminent domain to force the sale of property in the path of the 210-mile road and railway.
  10. HB 05-1030 unfairly shifts an urban problem onto the backs of rural residents. Namely, traffic congestion, pollution, noise, hazardous waste, and major traffic accidents.
  11. Ray Wells is relying on an 1891 statute (38-2-101, for you lawyers) that empowers any corporation building a road, ditch, reservoir, pipeline, bridge, ferry, tunnel, electric line or telephone line to use condemnation if it can't negotiate a purchase price. In other words, these corporations have the same power as governments: if you don’t sell, they can condemn your land, buy it for “fair market value” and have you forcibly taken off the land as a trespasser. Note: an old law still on the books makes it illegal for a woman wearing a red dress to be out after 7pm. Another stupid law.
  12. The “660 foot” wide road has been much talked about. In truth, the toll road will be 2 miles wide as there will be one mile on either side of the road reserved for “improvements.” These include dining, fuel, etc. And keep any competition a mile away, negating any positive economic impact it may have on the community.


 

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     Copyright © 2002-2004 - David Charles Reed Last Updated: 06 January 2005