Press Office

April 2005

April 14, 2005

The Honorable Colorado Senate
Sixty-Fifth General Assembly
First Regular Session
State Capitol
Denver, CO 80203

Ladies and Gentlemen:

I am filing with the Secretary of State Senate Bill 182, "Concerning the offset of special benefits against partial takings in connection with property acquisitions for transportation projects undertaken by the Regional Transportation District." I will neither sign nor veto Senate Bill 182. Therefore, this bill becomes law at 12:01 A.M. on April 17, 2005. This letter sets forth my reasons for letting this bill become law without my signature.

Senate Bill 182 changes the manner in which the Regional Transportation District compensates property owners in instances of a partial taking of property through eminent domain. Last November, the voters in the Denver-metro area approved a tax increase to pay for FasTracks. Proponents of this bill maintain that Senate Bill 182 will help implement the FasTracks plan within budget. My concern is that the RTD is attempting to implement FasTracks within budget to the detriment of property owners whose land will be taken through the RTD's eminent domain powers. However, I am letting this bill become law because I recognize that this compensation formula is currently available for highway projects. This formula was beneficial in the building E-470 and TREX. As the Colorado Department of Transportation and RTD work together to build FasTracks, it will be helpful to have both agencies using the same compensation formula for partial takings. Accordingly, I am allowing Senate Bill 182 to become law without my signature.

Sincerely,

Bill Owens