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Getting a rotten deal?

In RTD condemnations, is current

Peter Marcus, DDN Staff Writer

Monday, May 5, 2008

 


Property owners facing condemnation proceedings if they don’t accept offers by the Regional Transportation District say they’re getting a rotten deal considering the collapsing economy and expectations of future, long-term growth.

While RTD says it is playing by the books and running a completely legal game, property owners along the future FasTracks West Corridor say the issue is about more than legality. They say it is about ethics, morals and reaching a truly fair market value. The coalition of property owners say RTD should be taking into consideration the sinking economy, as well as future projections for growth around FasTracks stations when developing offers.

A group of about 16 property owners have already received letters of intent by RTD to acquire their land. Anywhere between another 150 and 200 property owners will be receiving letters of intent by as soon as the end of the month, according to FasTracks officials.

As of Friday, nine offers had been made to the 16 property owners, said Pauletta Tonilas, spokeswoman for the FasTracks project. Of those nine offers, one has already closed and the rest are pending a resolution. Tonilas could not provide details of the offers and transaction, citing confidentiality concerns.


Fighting for the future

But the Colorado Property Rights Coalition says it is fighting for future land owners. The group pushed hard for legislation that would prevent RTD from selling portions of acquired land to private developers. But House Bill 1278 was recently killed by lawmakers.

For these land owners, the issue of fair market value comes down to replacing exactly what it is they have now. They say appraisals in today’s market are meaningless considering the poor economy and lack of true comparables. They also believe RTD should be providing them with an opportunity to develop property in the areas that they are currently in given the fact that the areas will likely become booming markets after the FasTracks stations and lines are complete.

“When you’re forced to sell to the government, you don’t get a fair deal,” said Steve Fesch, who received a letter of intent from RTD to acquire his property at Howard Place and Decatur Street near Invesco Field at Mile High. “I’m being forced to sell in a down market … I’m losing my long-term investment. I wasn’t looking for market value in today’s market. I’m looking for market value when the transit was setup — 20, 30 years down the road. This was supposed to be for my retirement.”

Fesch said he has received an appraisal from RTD, but that he and his attorney sent it back to RTD because it was missing about 3,000 square feet of his property. Neither RTD nor Fesch would disclose the appraisal.

The Steamboat Springs resident said he had big plans for the property once the FasTracks project was complete. He said he was going to build a restaurant and sports bar at the location to attract Broncos fans riding the light rail.

His attorney, Bob Hoban, said he is looking forward to taking the case to court so that he can convince a jury that the property is worth more than its current value. Hoban will hire commercial real estate planning professionals to demonstrate how much the land is actually worth considering the FasTracks project and development potential. 

“Appraisal values for some of these properties are probably a third or fourth of what it would be worth to a real estate professional,” said Hoban, an Evergreen attorney who specializes in eminent domain and land use law and once ran for the RTD Board of Directors. 


Stuck

He said his clients are stuck because it is near impossible for them to currently sell the land to a private developer. No developer would purchase the land now and no lender would underwrite the transaction given the pending letters of intent by RTD, Hoban said.

“In practicality, it’s take our offer or we’re going to take you to condemnation,” he said. “I can’t imagine a situation in which property owners will get what they’re entitled to if they had put the property on the market themselves.”

RTD falls back on the argument that it is following the rules and conducting everything legally.

“It is important to note that RTD follows the federal amended Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and follows state laws regarding property acquisition,” said RTD spokesman Scott Reed. “Fair market value, appraised at the highest and best use of the specific property, is paid to owners of property that is needed for public projects.”

He said the agency was careful to choose the 13th Avenue corridor for the West Corridor line, as opposed to 6th Avenue, Alameda. or Colfax, because it would require the least property acquisitions.

But Kim Snyder and Galen Lee Foster have brought another argument to the table. The couple says RTD plans to acquire their property at 14th Avenue and Wadsworth Boulevard in Lakewood for a parking garage, but will contract part of the land to a private developer. RTD says it is only trying to save taxpayers money.

“In some instances, RTD may look into opportunities for an outside party to build an element of a project for RTD, such as a parking structure, which could save taxpayers millions of dollars,” said Reed. “The amount of property required for the Wadsworth parking structure will remain exactly the same with or without the possibility of additional development on top of the four-story parking structure.”


Keeping air space

Hoban, who is also representing Snyder and Foster, said his clients should have the right to maintain the air space above the four-story parking structure, which is currently zoned for about 12 stories. Anything above and beyond what RTD builds should be developed by the original property owners, Hoban said.

“Take pictures of these properties now. They’re going to be lined with Tokyo Joe’s’ and Starbucks’,” he said. “No one is opposed to having those amenities in theory, it just happens to be illegal.”

Hoban added that Snyder and Foster will have a considerable problem getting a fair appraisal for the property considering there are not many 12-story buildings being built in the area.

For Snyder and Foster, however, it’s not about the money — it’s more about keeping their rights to the land.

“We’re not going anywhere,” said Snyder. “They’re going to have to come up with a Plan B, or they’re going to have to pry the property out of our cold, dead hands.”

“It’s not losing that would be bad to me. It would be not fighting for what I believe in,” she continued. “If I have to spend every last dime I’ve got, every last dime my mom’s got and every last dime my sister’s got, in the end we will have still done the right thing.”

 

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jimmywilliamson @ 2010-01-13 22:40:10No offense to anyone on here, but it is funny how new users like myself trust everything that they read hear. Just because youve been a member longer than me does not mean that you are smarter. Please heed all advice before taking :)
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miskybarton @ 2010-01-14 14:47:21Nice work! I can't get Welcome to the Jungle out of my head! ''Welcome to The Jungle, We've Got Fun And Games"
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rickybobby @ 2010-01-15 21:02:39Hello. With all the misinformation that is out there, I figured that I would start a new forum to help anyone with mortgage advice. I have been in the mortgage business for 10 years and am happy to answer your questions. If you need help with an fha or debt consolidation refinance. Please let me know. Dont be shy!
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rickybobby @ 2010-01-16 08:30:22Hello. With all the misinformation that is out there, I figured that I would start a new forum to help anyone with mortgage advice. I have been in the mortgage business for 10 years and am happy to answer your questions. If you need help with an fha or debt consolidation refinance. Please let me know. Dont be shy!
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rickybobby @ 2010-01-16 11:27:12Hello. With all the misinformation that is out there, I figured that I would start a new forum to help anyone with mortgage advice. I have been in the mortgage business for 10 years and am happy to answer your questions. If you need help with an fha or debt consolidation refinance. Please let me know. Dont be shy!
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jamesjonesy @ 2010-01-16 15:31:49Thats right! Don't be afraid to speak your mind. This is the 21st century, right?
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emeliajines @ 2010-01-17 18:23:02So Come on? Is that really the best that you can do?
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emeliajines @ 2010-01-18 04:31:25So Come on? Is that really the best that you can do?
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emeliajines @ 2010-01-18 09:24:12So Come on? Is that really the best that you can do?
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AllanxD5 @ 2010-01-19 19:34:42Hi everybody, My name is Allan, I am 41 yrs old, living in Fort Worth, TX. I'd love to make good close friends here. Thanks, Allan.
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AlbertBurii @ 2010-01-23 02:54:14Ïðèâåòñòâóþ âñåõ Õîðîøèå ëþäè ïîäñêàçàëè òåìó äëÿ áèçíåñà ñ íå áîëüøèìè âëîæåíèÿìè,ìîæåò êîìó òîæå ïîëåçíî.Áèçíåñ ñäàâàòü êâàðòèðû ïî ñóòêàì,ïîäåëèòåñü èíôîðìàöèåé êòî â òåìå.Ñàì ÿ áèçíåñîì íè êîãäà íå çàíèìàëñÿ èíôîðìàöèè íîëü,ïîýòîìó áóäåò âàæåí ëþáîé ñîâåò,ñ ÷åãî íà÷àòü,ãäå íàäî ðåãèñòðèðîâàòüñÿ â íàëîãîâîé èëè ëó÷øå ïî ÷åðíîìó,è ãëàâíîå ãäå äàâàòü ðåêëàìó â êàêèõ ãàçåòàõ,æóðíàëàõ èëè ñàéòàõ (åñëè òàêèå âîîáùå åñòü) Ñàì ÿ èç Ïåðìè. Çàðàíåå âñåì îãðîìíîå ñïàñèáî,íàäåþñü íà ïîìîùü. Ñ óâàæåíèåì âàø äðóã Íèêîëàé
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miller bennett @ 2010-02-08 21:29:36Nice work! Why cant we just keep it simple and talk about the superbowl?
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miller bennett @ 2010-02-09 09:46:41Nice work! Why cant we just keep it simple and talk about the superbowl?
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miller bennett @ 2010-02-09 12:27:56Nice work! Why cant we just keep it simple and talk about the superbowl?
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XRumerTest @ 2010-02-16 16:44:12Hello. And Bye.
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ashmichaelss @ 2010-02-24 15:11:36Hello. I just moved to the Miami area. I am looking for a solid company to help me with a refinance. I purchased the house from a short sale and had to do business over the phone because I was living in Az. I dont think that I got a good deal. My interest rate in now 6.99 percent. I think that I can refinance and get a much better deal. Please point me in the right direction.
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ashmichaelss @ 2010-02-25 05:06:58Hello. I just moved to the Miami area. I am looking for a solid company to help me with a refinance. I purchased the house from a short sale and had to do business over the phone because I was living in Az. I dont think that I got a good deal. My interest rate in now 6.99 percent. I think that I can refinance and get a much better deal. Please point me in the right direction.
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ashmichaelss @ 2010-02-25 11:00:03Hello. I just moved to the Miami area. I am looking for a solid company to help me with a refinance. I purchased the house from a short sale and had to do business over the phone because I was living in Az. I dont think that I got a good deal. My interest rate in now 6.99 percent. I think that I can refinance and get a much better deal. Please point me in the right direction.
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anosY @ 2010-03-03 07:20:13 Hi! It’s Super Bowl weekend, but the big event in politics is the first national Tea Party Convention in Nashville...! thedailybeast.com/blogs-and-stories/2010-02-04/the-tea-partys-5-key-players/ ...didn't find it on www.thedenverdailynews.com :) Sorry, if choose this incorrectly! Move it, please!
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Jeokeemubytub @ 2010-03-04 01:48:53GrEeTiNgS, www.thedenverdailynews.com!
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fharefinanceallacrosstheus @ 2010-03-04 23:54:56Hello. I am sorry if this may be off topic. I have been in the mortgage business for the last 10 years. I have certainly seen a lot of ups and downs. I am certainly in this for the long haul. If you need honest, sound mortgage information, I am your guy. Lets be honest, it is not getting any easier for any of us. It is important that you work with a company that knows the current guidelines and can steer you in the right direction. My customers come back to me time and time again because of this. Please visit the link in my profile for up to date rates, gudelines, and programs. I hope to hear from you soon.
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fharefinanceallacrosstheus @ 2010-03-05 13:53:35Hello. I am sorry if this may be off topic. I have been in the mortgage business for the last 10 years. I have certainly seen a lot of ups and downs. I am certainly in this for the long haul. If you need honest, sound mortgage information, I am your guy. Lets be honest, it is not getting any easier for any of us. It is important that you work with a company that knows the current guidelines and can steer you in the right direction. My customers come back to me time and time again because of this. Please visit the link in my profile for up to date rates, gudelines, and programs. I hope to hear from you soon.
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fharefinanceallacrosstheus @ 2010-03-05 18:55:17Hello. I am sorry if this may be off topic. I have been in the mortgage business for the last 10 years. I have certainly seen a lot of ups and downs. I am certainly in this for the long haul. If you need honest, sound mortgage information, I am your guy. Lets be honest, it is not getting any easier for any of us. It is important that you work with a company that knows the current guidelines and can steer you in the right direction. My customers come back to me time and time again because of this. Please visit the link in my profile for up to date rates, gudelines, and programs. I hope to hear from you soon.
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mikejohnsonrules @ 2010-03-10 16:33:14Hello. My wife and I bought our house about 6 months ago. It was a foreclosure and we were able to get a great deal on it. We also took advantage of the 8K tax credit so that definitely helped. We did an extensive remodeling job and now I want to refinance to cut the term to a 20 or 15 year loan. Does anyone know any good sites for mortgage information? Thanks! Mike
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johnlongslinger @ 2010-03-15 12:54:57Hello. John here. I am new to the community. First of all, I want to thank those that have put this together. It is a great place to learn and get more information. I just wanted to make an introductory post to introduce myself. Thanks for the help.
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effetuich @ 2010-06-28 21:37:39Øóòêè, ðàññêàçû, ñìåøíûå ôîòîãðàôèè.
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effetuich @ 2010-06-29 18:45:03Ñêà÷àòü àëüáîìû, ñêà÷àòü êëèïû, ñêà÷àòü ñáîðíèêè, ñêà÷àòü ïåñíè, ìóçûêà â ñññð, ýñòðàäíàÿ ìóçûêà, ñêà÷àòü ðîê, ñêà÷àòü òåõíî, ñêà÷àòü äýíñ, ñêà÷àòü ïîï, ðóññêèå õèòû, õèòû 90-ûõ, õèòû äåâÿíîñòûõ, õèòû 80-ûõ, õèòû âîñüìèäåñÿòûõ, ðýããè, 70, õèòû ñåìèäåñÿòûõ, õèòû 70-ûõ, õèòû øåñòèäåñÿòûõ, õèòû 60-ûõ, äèñêîòåêà â ñññð, õèòû ñññð, ìóçûêà ìîëîäîñòè, ðàäèî, ðóññêèé ðîê, ðóññêèå õèòû, ðóññêàÿ ñöåíà, íàðîäíûå ïåñíè, ðîññèéñêàÿ ýñòðàäà.
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CersDrierlick @ 2010-06-30 03:59:25How I can write PM to other users? Thanx
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SquadySab @ 2010-07-05 03:57:33<u>hi all, i found this website and wonder if anyone purchased cookbook software from them ?</u>
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Invicta Watches Ladies @ 2010-07-06 04:13:39To be a good human being is to have a make of openness to the mankind, an ability to guardianship unsure things beyond your own manage, that can govern you to be shattered in uncommonly outermost circumstances as which you were not to blame. That says something very weighty about the get of the honest passion: that it is based on a corporation in the unpredictable and on a willingness to be exposed; it's based on being more like a shop than like a prize, something somewhat dainty, but whose very special beauty is inseparable from that fragility.
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effetuich @ 2010-07-06 10:39:51WaraTut.Ru - ýòî ðàçâëåêàòåëüíûé ðåñóðñ ãäå âû â ëþáîå âðåìÿ íàéäåòå òî ÷òî âàì èíòåðåñíî, è ñìîæåòå ñêà÷àòü áåñïëàòíî è áåç ðåãèñòðàöèè òî ÷òî âàì ïîíðàèëàñü.
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effetuich @ 2010-07-07 18:03:24Áëèí î÷åíü èíòåðåñíî ìíå íðàâèòñÿ âàøà òî÷êà çðåíèÿ, íå äóìàþ ÷òî ìîæíî ãîâîðèòü ÷òî-òî åùå ïðÿì ïîëíûé ìàíàóë. Ñïàñèáî=)
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effetuich @ 2010-07-07 18:53:20Áðèãàäà ãèïñîêàðòîíùèêîâ âûïîëíÿåò ìîíòàæ ãèïñîêàðòîíà[/URL,ãèïñîêàðòîííûõ êîíñòðóêöèé,à òàêæå êîìïëåêñíûé ðåìîíò êâàðòèð,ëþáîé ñëîæíîñòè è êîíôèãóðàöèè. Êà÷åñòâåííî,ïî òåõíîëîãèè «Knauf»,â óñòàíîâëåííûå ñðîêè. Êèåâå è îáëàñòè. Êà÷åñòâåííî,ïî òåõíîëîãèè «Knauf»,â óñòàíîâëåííûå ñðîêè. Ìû âñåãäà êà÷åñòâåííî âûïîëíÿåì ñâîè óñëóãè. • Ïîòîëêè ìíîãîóðîâíåâûå,ðàçíîîáðàçíîé ãåîìåòðèè. • Àðî÷íûå èçäåëèÿ. • Ïåðåãîðîäêè, ôàëüøñòåíû. • Êîëîííû, êîðîáà è äðóãèå êîíñòðóêöèè. • Ïîòîëêè “Armstrong”. • Óòåïëåíèå, îáøèâêà áàëêîíîâ âàãîíêîé, êëàäêà ïîëîâ.
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effetuich @ 2010-07-07 20:23:47Íàø ñàéò ïîñâÿùåí ñåðèàëó êðåìëåâñêèå êóðñàíòû,êðåìëåâñêèå êóðñàíòû àêòåðû,êðåìëåâñêèå êóðñàíòû ïðîäîëæåíèå.
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Unknown @ 2010-07-09 02:32:34Unknown message
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effetuich @ 2010-07-11 00:00:09Àãåíòñòâî íåäâèæèìîñòè Ùåëêîâñêàÿ æèëèùíàÿ èíèöèàòèâà ïðåäëàãàåò íåäâèæèìîñòü: êâàðòèðû, äîìà, çåìåëüíûå ó÷àñòêè â Ùåëêîâî è Ôðÿçèíî. Âûãîäíûå óñëîâèÿ èïîòåêè.
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effetuich @ 2010-08-07 07:00:05 Ñîôò, èãðû, ôèëüìû, ñåðèàëû è îáîè äëÿ ðàáî÷åãî ñòîëà. Âñå ýòî ìíîãîå äðóãîå, ìîæíî ñêà÷àòü áåñïëàòíî, áåç ðåãèñòðàöèè è îãðàíè÷åíèé.
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NUSEENCONEVOM @ 2010-08-09 09:58:50
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NUSEENCONEVOM @ 2010-08-10 15:53:42
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effetuich @ 2010-08-11 01:57:24Ìû ïîìîæåì Âàì ðåøèòü êâàðòèðíûé âîïðîñ - ó íàñ Âû íàéäåòå îáúÿâëåíèÿ, íîâîñòè ðûíêà íåäâèæèìîñòè, âñå î êâàðòèðàõ, î ðåìîíòå, î ÆÊÕ, î òåêóùèõ öåíàõ è ìíîãîå äðóãîå
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