Stupidslab Blog & Toll Road Info - 2005 Archive

These are the 2005 entries. The current year is at Home. The 2006 entries are at 2006.

New on 12/5 - In 1995 William Tolbert incorporated a toll road company called JICRO and claimed a 12 mile wide corridor parallel to, and east of, the Front Range Toll Road Company's 12 mile wide corridor. This one is about 250 miles long starting at the Huerfano County line between Pueblo and Walsenburg and extending to within a few miles of the Wyoming state line in the north. At the time JICRO was created the law required that they begin work within 90 days and spend $500 on construction. Presumably this was intended to prevent claims from remaining on the books indefinitely unless they were moving ahead with construction.

Within the 90 days of JICRO's formation Tolbert filed an affadavit with the Secretary of State saying that he had "commenced work in connection with the proposed toll road that JICRO intends to build and operate." This differs from the language of the law which required that they "commence work on the proposed road," but that's the least of the oddities that I have found in this affadavit. As proof that JICRO had expended $500 they include an itemization of services for which they had paid. It shows they paid "Christopher, T." for 10 hours at $45 per hour, total $450. The same company also charged them $10 for corporate filings with the state and EXACTLY $40 for topo maps. Grand total EXACTLY $500.

So who billed JICRO for the exact minimum amount that they were required to spend in their first 90 days? It was none other than the Meneren Corporation, a project management company and William Tolbert's primary business. And who was Christopher T. whose time was billed for $450? Is he in AA and doesn't use his last name? Or could it be Timothy Christopher Tolbert who is listed as a board member on filing documents for Meneren?

Here is an Adobe Acrobat file of this affadavit.

Even if these maps were bought and services were performed what we have is William Tolbert taking $500 out of one pocket and putting it into the other pocket to satisfy the legal requirement that he begin building a road within 90 days. Failing that the corporation would "forfeit its right acquired under its certificate of incorporation." Even that minimal requirement was repealed several months later, now there is no requirement to spend a nickel or begin construction ever to keep your toll road claim.

HB-1342 would have changed that and required corporations to spend $500,000 within two years after incorporating. Governor Owens vetoed it but it will be introduced again in 2006. I would like to see an even higher limit. A Gazette article recounts the Front Range Toll Road Company engaging Brown & Root who spent "hundreds of thousands of dollars examining the project" and Fluor spent $390,000 more "to study the project." That's over half a million dollars spent and not on inch of road built. We need a limit of at least $5 million and it should specify that it be spent on "physical construction" not studies, PR firms, lobbyists and lawyers.

The other flaw in the old law is that there was no other requirement after the initial amount was spent. FRTR and JICRO both filed affadavits claiming to have spent $500 in 90 days. Twenty years later there is still no Front Range Toll Road but the corporation exists and insists their claim is still good. With JICRO it has been 10 years with no beginning of construction. There needs to be a requirement that progress continue each year and be completed in a reasonable number of years.

The law governing railroads (CRS 40-20-105) says that the corporation must begin construction within two years and must spend 20% of its capital on construction within 5 years. Neither Ray Wells' Flat Penny Railroad nor Tolbert's JICRA railroad filed affadavits that they had met the requirement as they did for their toll roads. JICRA has been dissolved for not filing its annual report but Flat Penny still has good standing. Has Wells built 20% of his 210 mile long railroad? Today let's all take a walk or drive around our properties and try to spot his 42 miles of railroad track. Email me if you find it. Otherwise Flat Penny shouldn't exist as a corporation and should be dissolved.

In a previous email I asked what the initials of Tolbert's corporations might stand for. Mike Miller and Robert Thomasson both noticed that JICRO and JICRA might be Just In Case ROad and Just In Case RAilroad. I think they probably have that right. There were a few guesses about KIWI but nothing convincing so far.

New on 11/28 - Last week I found that Meneren CEO William Tolbert had filed three toll road claims in 1995-1996. Two of them are parallel to the Front Range Toll Road and the third connects them to E470 near Parker. Since then I have found that he also filed a railroad corporation, called JICRA, which is in the same corridor as the JICRO toll road. This one was dissolved in 2003 for not filing their periodic report but they can reactivate it at any time as they did this year with the toll roads.

I haven't had a reply from Tolbert about his intentions for these road claims. In the past he has corresponded with Superslab opponents about his experience with Ray Wells. Maybe he's not so forthcoming about his own secret plans.

The names JICRA and KIWI are all in capital letters so I assume they are acronyms. Let me know if you have any ideas about what they might stand for. I think JICRO could be Just In Case R(something) O(something). It could be merged with the Front Range Toll Road claim "just in case" they needed to route it farther east.

I have added a NEW MAP OF THESE CORRIDORS. And here are their incorporation documents, these are Adobe Acrobat files JICRO, KIWI II, KIWI, JICRA, Front Range Toll Road (corridor was later amended), Flat Penny Railroad (with a page missing.)

New on 11/22 - Three More Toll Roads - One of the many problems with Colorado's private toll road laws is that there is no way to determine how many toll road corporations there are nor where these roads are to be located. No agency of the government can tell you the answers to those questions. Legislation vetoed by Governor Owens this year would have required these companies to notify the landowners in their path and register with the counties involved. Rep. Jack Pommer will re-introduce the bill in 2006 and hopefully the veto will be overridden if necessary. I would also like to see the bill include a requirement that the Secretary of State maintain a list of toll road corporations, or that they be required to use "Toll Road" in their company name so that they can be easily found.

By searching the Secretary of State's website for likely company names and names of registered agents I've been able to identify a handful in the past. Today I found three more and they have been in existence since 1995. I don't know why I didn't find these before because they all involve William Tolbert whose CTRI toll road near Woodland Park I have known about for some time. Tolbert is the chairman of the Meneren Corporation. It was Meneren who wanted to build a monorail from DIA to Vail. According to their website "The Meneren Corporation was incorporated in 1994 to develop and manage large projects including all phases of a project from analysis, planning, financing and execution to activation." In fact Meneren was hired by Ray Wells in 1995 to provide those services for the Front Range Toll Road Company (FRTRC).

This is where it gets weird. Ultimately Meneren sued FRTRC for payment, Tolbert has called it a "bitter" lawsuit. Late in 1995 and in early 1996 two toll road companies were formed that would seem to compete with FRTRC and a third connects E470 to one of these. Two of these roads are registered to William Tolbert and the third to Christine Tolbert (of the same address) with William Tolbert as a board member. JICRO Incorporated claims a 12 mile wide corridor which is east of (and bordering) the FRTRC corridor. It starts at I-25 18 miles north of Wellington and ends at I-25 as far south of Pueblo as the Huerfano County line. So between the FRTR and JICRO corridors there is a 24 mile wide strip claimed by toll road companies. Towns in this corridor include Boone, Yoder, Truckton, Calhan, Ramah, Strasburg, Byers, Roggen and Deerfield. From there the corridor angles over to I-25 and I haven't determined which towns are included.

KIWI II Incorporated is another 12 mile wide corridor which runs nearer to I-25. It begins at I-25 6 miles north of Wellington and ends within 6 miles "north or south" of Pinon which is just north of Pueblo. 9 miles of the width of this corridor are also in the FRTRC corridor and there is an additional 3 miles to the west of the FRTRC corridor. The towns of Falcon, Elbert, Elizabeth, Kiowa and Keenesburg are in both corridors. As with JICRO I'll need to map out the angled part at the northern end to see exactly where it goes.

The KIWI Incorporated filing says that it will join E470 to the Front Range Toll Road. It claims a 12 mile wide corridor running from E470 near Parker Road eastward.

So why did William Tolbert file for two toll road corporations that would seem to compete with his client's toll road? Did he do it on behalf of his client to give FRTR more options? The Meneren website says that they "Completed Right-of-Way analysis and selection" for FRTRC. If he did it for the client why does he still own the corporations 10 years later and after their acrimonious split? Or did he decide after the split to go into competition with FRTRC? One clue might be in the description of the KIWI corridor. It says it will connect E470 to the Front Range Toll Road but the corridor for KIWI goes all of the way across the FRTR corridor and then 12 more miles across the JICRO corridor. Does that mean it was anticipated that the Front Range Toll Road might want to move as much as 12 miles farther east than their claimed corridor? Does Wells actually have a 27 mile wide corridor at his disposal? In an email from Tolbert posted on frontrangetollroad.blogspot.com . Tolbert comments on the possibility of FRTR moving farther east. He says "Regarding your note about moving the toll road further east, I believe that that claim was also staked--by others..." So was he saying Wells can't go there because he already has that claimed? Or was that some misdirection from the fact that FRTR already has that available to them? I have emailed Mr. Tolbert for a comment and will let you know what he says.

One more item, Tolbert had let all three of these corporations lapse and then on June 8, 2005 he reinstated them. That's 2 days after governor Owens vetoed SB-230 and HB-1342.

New on 10/26 - There will be a meeting of the High Plains Coalition For Responsible Transportation Policy on Thursday, October 27th at 7:00 PM at the Mercantile Building in Elbert. They will discuss the latest updates in Senator Wiens’ proposed eminent domain bill, Representative Pommer’s proposed regulatory bill and upcoming legislation. Also reports on fundraising and what you can do to make a difference.

New on 10/26 - There was a meeting of the Eastern Plains Citizens' Coalition last Saturday in Calhan. Here is the Chieftain article and the Gazette article.

New on 10/19 - There is an article in today's Chieftain about upcoming efforts to oppose the Superslab and eminent domain abuse. See Chieftain 10/19. And on October 22, from 9:00-11:00am at the Calhan High School Gym the Eastern Plains Citizen's Coalition is sponsoring a town hall meeting with the Honorable Speaker of the House, Andrew Romanoff, Representative Wes McKinley, and Attorney Allan Hale. The chairman of the Educational Committee, Michael Merrifield, will also be attending the meeting. They will be discussing the toll road, private property rights, water rights, school funding issues, Ref C & D and much more. If you or your organization is interested in participating in the discussion please email Marsha Looper with items for discussion or call her at 719-238-5600.

New on 10/8 - Pantaleo Farms is having their annual Great Pumpkin Patch Saturday through Monday (Oct. 8 - 10) on South Road between 39th and 40th Lane in Pueblo County. There is a cornfield maze, hayrides and my personal favorite, food. There is also a Superslab/Eminent Domain Abuse booth where you can get information and see maps and an aerial photo of the Superslab corridor in Pueblo County. They can also use some volunteers so stop by to talk and maybe help out. Admission and some activities are free. Details are at Pantaleo Farms Great Pumpkin Patch.

New on 10/4 - Fitch Places Northwest Parkway Bonds on Rating Watch Negative. A Businesswire article says that bonds for the Northwest Parkway are Likely to be downgraded due to low usage of the road. If a toll road in the Denver Metro area can't make a go of it what are the odds of a road through the eastern plains making it? Here are a few excerpts and a link to the article:

• "significantly lower than expected traffic and revenue trends that are not consistent with the current rating without a debt restructuring"
• "traffic growth has been significantly below levels anticipated"
• "toll revenues for this year are likely to come in at 50%-55% of forecast"
• "the authority will likely need to draw on a portion of its $21.1 million in remaining construction funds to meet its senior and subordinate debt service obligations"
• "If Northwest Parkway is unsuccessful in implementing a plan to restore fiscal stability within the next few months, Fitch expects to likely downgrade the rating on the senior revenue bonds."

New on 9/25 - Last Thursday in Elbert the High Plains Coalition for Responsible Transportation Policy (HPCRTP) held a public meeting at the Mercantile Building to discuss the recent Transportation Legislation Review Committee (TLRC) meeting. The surprise announcement at the TLRC was from Senator Tom Wiens who said that instead of doing another bill to repeal eminent domain for toll roads, he wanted it to go to the voters as a referendum. There are several problems with that, primarily that the voters may never understand the issue especially with the Front Range Toll Road Company running ads leading them to believe that the question is whether you are for or against the Superslab. The senators and representatives of the TLRC were invited to the Elbert meeting but because of the short notice they weren't really expected to appear. When the meeting began none of them were there. Elbert County resident Rick Brown spoke about the problems with trying to get the issue passed as a referendum (See his posts at Toll Road Warrior Blog.) After about 20 minutes Senator Wiens arrived. He explained that even though his bill had passed by a large margin he might not be able to get a veto overriden because some Republicans might switch their votes rather than defy the governor. He said that overrides are rare and there hasn't been one since Governor Romer was overriden to create the lottery. Questions from the crowd showed that we believe this issue is so important and the governor is so wrong that a veto can be overriden. Surely lawmakers will want to protect people's land at least as badly as they wanted a lottery. And as Rick Brown pointed out, if the override fails there can still be a referendum. By the end of the meeting Senator Wiens had agreed to do the bill. He said he will need our help to make sure that the override is successful and much of that must be done this fall before the next session begins in January. Organizers are looking into what we need to do to help. I will have more on this as it becomes available.

New on 9/23 - Check back soon for a report on Thursday night's meeting in Elbert. The 2006 season has begun. We need to be sure our senators and representatives are committed to meaningful eminent domain reform when they go back to Denver.

New on 9/19 - Important meeting in Elbert, CO this Thursday! My comments below are about the recent meeting of the Transportation Legislation Review Committee of the state legislature. Landowners who were there and (hopefully) some of the committee members will be giving a report in Elbert on Thursday. There were some developments that we all need to learn about and we need to organise our response. The meeting is at 7pm at the Russell Gates Mercantile Building in Elbert.

There are several new entries at the Toll Road Warrior blog. Be sure to read Rick Brown's "Where We Stand" at that site.

New on 9/19 - Last Thursday the Transportation Legislation Review Committee (TLRC) met at the Capitol and discussed toll road and eminent domain issues. Two toll road bills were passed by huge margins last session but Governor Owens vetoed both after the end of the session. The TLRC discussed their plans of action for the next session in January 2006. The bill sponsored by Senator Tom Wiens, SB-230, would have taken away the automatic power of eminent domain that private toll road companies now have under a law from the 1800s. They would have to convince a "state entity" to take the land for them before they could build a road and hopefully those agencies would put more thought into it than an entrepeneur does. After the vetoes Senator Wiens said that he would re-introduce SB-230 on the first day of the 2006 session and override any second veto from the governor. To everyone's surprise Senator Wiens told the TLRC that instead of doing that he wants to put the measure on the ballot in November 2006. We are on the verge of ridding our state of a type of eminent domain which is MUCH MORE UNJUST than that in the Kelo v. City of New London case which has caused outrage all over the US. We can drive a stake through the heart of this vampire in January. It makes no sense to let the Front Range Toll Road Company dip into their $2 billion budget to bamboozle the voters with misleading TV ads. They won't talk about eminent domain or homeowner's rights. They will promise to solve all of our traffic problems if only the voters will let them. Think I'm being too cynical about Ray Wells? He told the Pueblo Chieftain "phone companies, ditch companies and all kinds of private-public services" would be hampered by this bill. In truth the bill restricts only toll roads. The other facilities named in the law (ditches, reservoirs, pipelines, bridges, ferries, tunnels, telegraph lines, railroad lines, electric lines, electric plants, telephone lines, and telephone plants) are untouched. And the bill specifically states that a toll road builder can partner with a state entity to obtain land. But how are we to explain all of that to voters in a short sound bite? And with what money? All that the voters will remember is the SAY NO TO TRAFFIC JAMS ads run by the toll road company.

Hopefully Senator Wiens will listen to us and introduce the bill in January as planned. If not, maybe another senator or representative will take it on. The existing law is so clearly unjust that it makes no sense to take it to the voters.

The other bill that the governor vetoed, HB-1342, laid out a number of requirements that a private road builder would have to meet. For instance they would have to notify all land owners in the area they claim as a corridor. It also requires them to meet federal environmental impact standards. This is what the governor objected to in his veto letter. He said that Colorado has no power to amend federal regulations. Not a problem. Colorado can enact the federal law as Colorado law and then amend it as we please. This is done with the Uniform Commercial Code. States enact the UCC and then amend it to their particular needs. Or we can draft our own environmental standards for private roads. I must say it was disappointing to hear some of the TLRC member's comments on the environmental provisions. Protecting the environment of Colorado shouldn't be considered a nuisance that you only worry about when you want federal money.

New on 9/19 - On July 19 I reported that Colorado Springs developer Lindsay Case had filed for three more toll roads bringing his total to five. One of these roads, the Denver Eagle Toll Road, claimed a corridor that started in Wheatridge and followed I-70 west into the mountains. The intention was to cross Loveland and Berthoud passes. Another starts near downtown Denver and follows I-25 north to (and actually INTO) Wyoming. The other goes south from Denver to Colorado Springs and covers most of the Air Force Academy campus. His two previous filings run east of Colorado Springs and half way to Pueblo. (Details are in previous posts below.) Later that day Gunny Bob Newman dedicated four hours of air time berating Mr. Case and private eminent domain claims in general. Representative Gary Lindstrom wrote about the Denver Eagle road in the Summit Daily News. Other stories appeared in the Vail and Durango papers and it was brought up at an I-70 Council of Governments meeting in the mountain counties. I guess Mr. Case didn't care for all of the attention that the Denver Eagle road was getting because the corporation was dissolved on July 9. I emailed him on the 10th for a comment but have received no reply. A toll road filed by another group, the Colorado Tolling Authority, dissolved four days after it was reported here and KKTV picked up the story. The Denver Eagle road lasted 21 days after being reported here. So public and media pressure can be effective. If the I-25 community will get after Mr. Case like the I-70 people did maybe he will dissolve those roads too. Then we can concentrate exclusively on the Madman of Larkspur and throw off his 2500 square mile claim.

New on 9/16 - On Thursday the Transportation Legislation Review Committee met and discussed toll road issues. Here are two newspaper articles about it. Toll Road Fight May Go To Voters from the Springs Gazette. And Drive is on for Toll-road Block from the Denver Post. I'll have more later.

New on 9/9 - The Front Range Toll Road Company is only one of five corporations or partnerships formed by Ray Wells for this toll road. Read about the five and some other notes on corporations (and a cartoon) here.

New on 9/1 - There will be a public meeting on eminent domain and the Superslab on September 10th at 10:00 am at the Rattlesnake Fire House #2 near Elizabeth, CO. It is at CR 29 and Sun Country Drive (CR 29 between Singing Hills /CR166 and CR 194) Kathy Fauths and others have organized this and arranged for 5 or 6 state senators and representatives to speak. If you have questions or need directions contact Kathy at fauths@earthlink.net or (303) 646-2415.

New on 9/1 - The General Assembly's Office of Legislative Legal Services has published a memorandum titled (258k Adobe Acrobat file)(NOTE:The problem with this file has been fixed.) "Colorado law on condemnation for economic development and private toll roads in the wake of Kelo v. City of New London." The final section discusses the toll road situation. It's pretty much we we already knew, that the Kelo decision has no effect one way or the other on private toll roads. They are a different situation than the urban renewal in New London. Colorado Law gives permission to any toll road to take any land. Surely the Supreme Court will think that goes too far?

Ben Nighthorse Campbell says Owens should keep his nose out of Pueblo issue.

New on 8/27 - Earlier this week the Cheyenne-Arapahoe Tribe announced their interest in building a casino in Pueblo. Some people are for it and some against, in any case it has nothing to do with the Superslab. (On second thought there is a related issue. The Tribe is not asking the City to take the land by eminent domain. They went to the land owner and made a deal to buy it instead of threatening legal force. There's an idea!) The reason I mention it here is because of the Governor's reaction. The Pueblo City Council and County Commissioners have said they will weigh the pros and cons, listen to the proposal, get public feedback, etc. Not Bill Owens. He decided instead to insult Native Americans, the Pueblo City Council and Puebloans in general. In an article in Thursday's Chieftain Owens said "I worked on it for years to get Wal-Mart to look at Pueblo, [for a distribution center] and I was stunned when Pueblo turned up its nose at hundreds of good jobs." Sorry Bill. In another quote he actually called it "a nice Wal-Mart distribution center"! He went on to say "Reservations have a right to ignore state and federal law in gaming, so don't anticipate that they're all of a sudden going to feel that they have to follow state and federal law on water or taxes." He said we shouldn't expect them to be good neighbors. I wonder how the Southern Ute and Ute Mountain Tribes of Colorado feel about that?

On Friday I saw former Senator Ben Nighthorse Campbell in Pueblo. I asked him if he'd seen Owens' comments. The Senator said "He needs to keep his nose out of it" and that Owens seems to think he has some kind of power to impose his religious and moral values on the state. I mentioned Owens' vetoes of the Superslab bills even though they passed by huge margins. Senator Campbell said that Owens is doing that sort of thing on a lot of issues and making a lot of people mad. He can't understand what Owens thinks he's doing. "Fortunately," he said "after next year he'll be out of there."

Ben Nighthorse Campbell is a Chief in the Northern Cheyenne Tribe. He has been a US Senator, US Representative, Korean War veteran and captain of the US Olympic judo team. Bill Owens was the star of the Howdy Doody Show. He can be reached at E-Mail:governorowens@state.co.us Fax:303-866-2003 Mail:136 State Capitol, Denver, CO 80203-1792

New on 8/11 - The national news service Reuters has picked up on the non-compete agreement that E-470 entered to impede traffic on nearby roads. Here is the Reuters article. See the original scoop and some great related articles at www.unbossed.com .

New on 8/10 - www.unbossed.com has added several more toll road articles including one by me titled "Private Toll Roads Stacking the Deck."

New on 8/10 - Updated the link to the Vail Daily article that wasn't working.

New on 8/10 - The Transportation Legislative Review Committee is meeting this week with both the Northwest Parkway and E-470. The TLRC will meet from 9 a.m. to 3 p.m. in Room 112 at the State Capitol on Thursday, August 11.

New on 8/9 - On Monday (Aug. 8) www.unbossed.com began a series of articles on toll roads. They have discovered that towns along E-470 entered into non-compete agreements with the toll road. They agreed not to improve roads in the vicinity of E-470 so that drivers will be more likely to use E-470. Actually, they went beyond that in some cases and screwed up the existing roads. On Tower Road they lowered the speed limit from 55 to 40 and put up several new stop lights! They tried to make Tower Road so slow that people would take the toll road. Read www.unbossed.com for the next week or two for this and other news. Several articles there also discuss the Superslab situation.

New on 8/9 - There is an article in the Vail Daily newspaper about the Denver Eagle Toll Road. It also mentions the Front Range Toll Road.

New on 8/1 - I've marked the four toll road claims in the Colorado Springs area on a map. Lindsay Case has claimed much of the Air Force Academy grounds (again), Pikes Peak International Raceway, part of a runway at the airport, and who knows what else (email me any landmarks that you recognize.)

New on 7/27 - Summit Daily News article by state Rep. Gary Lindstrom about the Denver Eagle Toll Road and an article by state Treasurer Mark Hillman about the Supreme Court's eminent domain decision.

Land Grab Crosses State Line!!!

New on 7/25 - What's wrong with this picture? The blue line marks the northwestern corner of the corridor (Larger Area View) claimed by Northern Colorado Toll Roads, Inc. and besides the questionable constitutionality of the law that these toll roads are based on, this one goes even farther. Did you notice the broken line running east and west across this corridor? What is that word on top of the line? Wyoming? Isn't that, like, another state or something? The corridor, which is two miles wide at this point, doesn't stop at the state line, it continues into Wyoming! Colorado Springs developer Lindsay Case has made five of these toll road claims (see the 7/19 entry below.) He apparently sits at his desk with a map book and checks off the sections of land that he wants like he's playing a game of Minesweeper. Then he lists these sections in his claim as a corridor instead of describing a route for the road as the law requires. This claim lists Sections 20 and 21 in Range 67 West, Township 12 North (among many others.) Part of those sections lie in Laramie County, Wyoming.

Almost 3000 square miles of Colorado land lie within dubious toll road filings made by the Front Range Toll Road company and Lindsay Case's five companies. The companies claim they have the right to take the land for their roads using eminent domain without needing any approval from the state or counties involved. They cite a 19th century law as their justification. Colorado landowners, backed by the General Assembly, are attempting to bring our laws up to date but were blocked by Governor Owens' end of session vetoes. So we are aware of it and working on it. But what about Wyoming? Will Gov. Dave Freudenthal and the Laramie County Commisssioners sit still for a Colorado corporation claiming to have eminent domain powers in their jurisdictions? I doubt it. They've been notified, we'll see what happens.

New on 7/22 - Here is a map of the western end of the Denver Eagle Toll Road corridor (read the 7/19 entry for an explanation). The claim covers most of Dillon and Frisco. I'll add more maps in days to come. I thought the Northern Colorado Toll Road began north of Denver but it goes right downtown and includes Coors Field! On the way to Wyoming it overlaps Ray Wells claim in the Wellington area.

New on 7/20 - Here is a map of the eastern end of the Denver Eagle Toll Road corridor (read the 7/19 entry for an explanation). It begins in Wheatridge east of the Mount Olivet Cemetery and includes most of that cemetery. From there it goes south taking in all of the Applewood Golf Course and an area that is all water. Other landmarks in the corridor are the Jefferson County Fairgrounds, Camp George West, Mother Cabrini Shrine and the Mount Vernon Country Club. I'll post more in days to come. Other areas included are much of Dillon, Frisco, Silverthorne. No doubt all of Siler Plume, Idaho Springs and anything else within a half mile of I-70 are included. I haven't sorted out the Loveland and Berthoud Pass portions yet. The other corridors take in Castle Rock, Monument and anything along I-25 north to Wyoming. Thanks to Gunny Bob for disclosing all of this today. Lindsay Case should be getting some phone calls tomorrow.

New on 7/20 - An article in today's Chieftain says that the Pueblo Water Board intends to buy the 1,400 acre Stonewall Springs Ranch for a reservoir. I wonder if they've considered that much of this ranch lies in the three mile wide gap east of the airport and west of the Depot that the Superslab would almost surely have to pass through? Why is the city considering spending $7 million for a property that may be split in half and made unusable for a reservoir?

New on 7/19 - Three More Toll Roads

Of the three roads, the Denver Eagle is especially puzzling. Where does he think he will put a new highway up those canyons? There is already controversy about plans to widen I-70. Towns like Idaho Springs say that there is no room for more lanes, does Case think there is room for another highway? And does he really think that toll roads over Loveland and Berthoud passes are a good idea? And what are the "corridors" of those passes? Has he seen them? Better bring some skyhooks Lindsay.

The corporate filings can be read at the Colorado Secretary of State website. Also see my earlier posting about Lindsay Case's Goof that placed one of his toll roads cutting through the Air Force Academy and the then down the length of Colorado Spring.

New on 7/13 - A few recent newspaper articles:
Greeley Tribune article by Janet Miller
Denver Post article on eminent domain reform for Colorado
Article from The Fence Post (This writer mistakenly believes that the recent Supreme Court decision aids the Superslab. The court did NOT give the OK to a situation like Colorado's toll road law. They addressed a local government making a development decision, not a state law giving eminent domain power to whole industries with no oversight.

New on 7/10 - Ray Wells has made an appointment to appear before the Elbert County Commissioners four times. And four times he has cancelled. Most recently he gave only a couple of days notice over the 4th of July weekend that he intended to appear on Weds., July 6. He called in sick when he learned that toll road opponents would be in attendance. And then, according to the July 9th entry on the Toll Road Warriors website he was at other meetings and didn't appear to be sick at all. Another time he called in sick a week before the meeting! He told an Elbert official that he doesn't want a "zoo" when he is there. In other words he doesn't want the citizens of Elbert County to have any say in what he intends to do with their land. Donald Rumsfeld visits Fallujah with less fuss than Ray Wells is making over visiting Elbert County. The opponents he fears have names like Patty and Grandma Katie and they are armed with signs that say things like "NO TOLL ROAD". No wonder he's shaking in his boots. Ray is old school, he misses the days when the powers that be could hatch their plans in private without being bothered by the owners of the land they were going to ransack. The lesson in this for those of us in the other six counties of the toll road corridor is that we need to get organized like the people in Elbert. Sooner or later Wells will want to deal with all of our County Commissioners without any interference from homeowners. Let your commissioners know that a meeting of this importance needs to be publicized in advance so that the public can be present. Wells is proposing an eminent domain land grab of monumental proportions. And unlike the recent Kelo v. City of New London case it is a PRIVATE BUSINESS making the decision, not a city or county or state which has decided that the public will benefit from the project. In January 2006 we will get bills passed that will clip Ray Wells' wings but in the meantime make sure that he doesn't try to enlist your county officials in his cause with no one else in the room.

New on 7/5 - Governor Bill "47 Vetoes" Owens was on KOA with Mike Rosen today. A caller referred to the recent Supreme Court decision on eminent domain and asked whether Colorado should pass laws to limit eminent domain by local governments as the Supreme Court suggested. The Governor said yes and that they are working on doing that (or looking into it?) So let me get this straight, he wants to protect our land from being taken by local government but he wants any bozo who files a corporation to be able to take it while the state looks the other way? On June 6 in vetoing SB-230 which would have eliminated private eminent domain he said "this bill prohibits private condemnation authority and therefore effectively prevents the potential investment of billions of private dollars in Colorado's public infrastructure."

New on 7/5 - In recent weeks US Senator Ken Salazar has spoken out in favor of a commuter rail system along I-25 from Denver to Pueblo (and beyond.) Then last week State Rep. Dorothy Butcher appeared before the Pueblo City Council to pitch the idea to them. She was with Bob Briggs of Front Range Commuter Rail and a representative from Colorado Railcar Manufacturing. The council members couldn't praise the idea enough and voted a resolution supporting it. The Pueblo County Commissioners are apparently in favor also. As opponents of the super slab we need to be supportive of good solutions to I-25 congestion and commuter rail may be one. Here's the problem. Before commuter trains can use the tracks the freight trains must be moved east. There are two alternatives to do that. One is a plan that originated with the railroads using mostly existing track. It is much farther east than the super slab and has been evaluated by CDOT. The other is the super slab corridor. One of Ray Wells' claims is that the freight trains will use his toll route (with really tall toll booths I suppose) and then commuter rail will be possible. There has been no sign that the railroads have any interest in using his route and there have been a few that they wouldn't use it. If the Union Pacific and BNSF will go on the record that they won't use the super slab corridor then this can be a good plan for the future. But unless that happens it worries me to see a super slab related project gaining momentum. The last time I saw Dorothy Butcher she was pitching a project and said "It's going to be built. There's nothing you can do to stop it." that project was the Front Range Toll Road and this site went online about 5 hours later. Let's find out where the coal trains are going to go before we decide what to do with their old tracks.

New on 6/24 - Ray Wells declined to comment on the Kelo case until his lawyers tell him what to think. Not having any lawyers I read it myself here (requires Adobe Acrobat reader): Kelo v. City of New London. Here is today's article in the Chieftain.

New on 6/23 - Kelo v. City of New London decision announced by the Supreme Court. The Supreme Court sided with the city and will allow them to take 7 homes from their owners in order to allow a private business development. Is this a setback for Super Slab opponents? Not really. A road for the public has always been recognized as a legitimate use of eminent domain. The controversy in New London was that it was for a private company's factory and some other businesses. But the main issue in the super slab debate isn't effected. Colorado allows a private company to use eminent domain without even consulting the government. And there doesn't need to be an economic benefit for the public as in New London. In Colorado you can just go to the Secretary of State's website and file a corporation. Then you can start taking property. The Supreme Court didn't consider those issues and would almost surely not approve of every citizen having this power.

New on 6/21 - I've moved the next three links (Swimming Pool, Steamboat, History) to the top because I think Gunney Bob will be discussing them on KOA.

Martin Luther King, Rosa Parks and...Ray Wells? Swimming Pool

Ray Wells Company Run Out of Steamboat Springs - In 1993 Cherry Creek Aviation had entered into a 30 year agreement with the City of Steamboat Springs to provide aviation services at the Steamboat Springs airport. Within a year the situation was so unsafe that Steamboat cancelled the deal. Read what happened and Wells' unbelievable response: Steamboat

Ray Wells' job history - History

New on 6/17 - The Transportation Legislation Review Committee began meetings yesterday. They are discussing what changes are needed to our toll road laws, Here are three newspaper articles. Denver Post, Longmont FYI, and Loveland FYI.

New on 6/15 - At last month's rally at the Capitol Rich Scaduto played his anti-toll road song "You Ain't Buildin' It 'Round Here." It will be played on KKCS 101.9 FM during their 7pm shootout in the next few nights. Listen for it, then call in and vote so they will continue to play it. KKCS is a Colorado Springs station and you can also pick it up in Pueblo. Rich is doing this to help the cause and if the song gets some airplay it can let a lot of people know how we feel.

On Sunday Puebloans Heather and Mel Otero and family, Wayne and Debbie Langston and Joe Pantaleo joined corridor residents from the north to protest at the Western Governors' Conference in Breckenridge. They weren't allowed into the resort where the conference was held but rallied near the entrance. It was mentioned in several newspaper articles and hopefully it put the governor in the position of explaining his love of uncontrolled eminent domain use to the other governors.

New on 6/11 - Governor Owens finished the veto season with a record 47 vetoes. I don't know if vetoing a bill that passed 99-0 is a first but it can't be too common. Here are a couple of the many articles criticizing him for these actions. In this Longmont FYI article several legislators discuss the vetoes. This Chieftain article discusses a bill affecting appointment of board members for CSU. The Governor said he couldn't allow it because it infringes on the governor's powers. But the same rule already applies to a number of other colleges. Faulty logic has become the governor's trademark. And he has spent all of his political capital and probably that of the next Republican candidate. That candidate will have to distance himself from Owens' "let them eat cake" style of governing.

New on 6/8 - Toll road opponents will be protesting at the Western Governors' conference in Breckenridge this Sunday. Here is the schedule:
12-1PM pass out flyers at pre-arranged locations
1:30PM press conference for the Western Governors’ Association’s Meeting at the GreatDivide Lodge in Breckenridge
2PM-? Enjoy the afternoon in Breckenridge

Location of the Conference

Contact me if you can make it. You'll get to meet people from the other counties who are involved in our effort and you'll be letting Governor Owens that he will be held accountable for his actions. I'm sure he'll be pleased to see us!

Governor vows to protect robber barrons.

New on 6/7 - Governor Owens vetoed the two toll road bills yesterday morning and posted his letter of explanation to the General Assembly later in the day. His rationalization is unbelievable! He says "Eminent domain should be a tool of last resort, and must include, safeguards and oversight to protect landowners." But then he vetoed the bills that would provide those safeguards.

And read this sentence carefully: "However, S.B. 230 does not provide these safeguards and oversight but rather repeals eminent domain for private companies entirely and, as a result, make prohibitive possible the investment of private dollars in our public infrastructure." Make prohibitive possible the investment? What language is he speaking? They haven't even proofread this drivel. But his point throughout is that he fears investors will be discouraged if they can't come in and take any property they want without any of that "due process of law" redtape that the Constitution requires.

Another gem: "S.B. 230 would unfairly and needlessly roll back the progress and innovation that has marked Colorado's use of private toll roads." When? The law that would be repealed hasn't been used to build a toll road in 100 years. The existing toll roads didn't use it. They went through normal channels rather than pulling a fast one relying on a law from covered wagon days.

You can read it yourself here. It's all about his concern for Ray Wells and his secret investors but not about the people who own the land that Wells wants to take.

So where do we go from here? Possibly a special session of the General Assembly to override the vetoes. It takes 2/3 of the members requesting a special session since the Governor obviously won't order one. If 2/3 did request it that is the same number required for the overrides but there will be reluctance by some members to do it that way. The General Assembly comes back in January 2006. Senator Wiens told me at the rally last month that if the bills are vetoed he would re-introduce them in January and could pass them then. Several of the Assembly members at the rally also mentioned ballot initiatives. My problem with that is that it will be hard to educate several million voters about the eminent domain issues when the toll road company is running ads saying that a vote for them will cure gridlock (which it won't). I fear for us if the voting public sees it as new highway vs. trampling some country people's rights. And finally we need to start looking towards the next election, especially for governor. Owens can't run again because of term limits. Ideally we will have an anti-Slab Republican running against an anti-Slab Democrat. But we need to be involved early on, now, to make sure that happens. Get involved in your party and make your opinion known to all of the candidates. And make them go on the record with their positions. And we will need to be sure the project doesn't get started before that new governor takes office.

An article in the Gazette today mentions this site. And an article in the Chieftain once again says that the road would be "inside a 12-mile-wide swath of land about 20 miles east of Interstate 25." Boone is 20 miles east of I-25 and Boone is 8 miles beyond the 12-mile-wide corridor. The western boundary of the corridor runs through the Do Drop Inn, Fox Garden, Patti's Restaurant, and Dillards. I've asked them to stop using that phrase since they are a PUEBLO paper and about half of PUEBLO is in the corridor. Every time they print it people tell me that they heard it would be way out east.

Governor Owens has sold out.

New on 6/6 - Surprise, surprise! The word I am getting is that Governor Owens has vetoed both toll road bills this morning. One bill, HB 1342, passed the General Assembly 99-0 but the only vote that counts is that of Governor Howdy Doody. No other state has an antiquated, draconian statute like CRS 38-2-101 which allows ANYONE to form a toll road corporation for a $50 filing fee and then have their pick of Colorado real estate. But the Governor says it mustn't be touched or it would complicate things for his friend Ray Wells. And all of the pesky requirements of HB 1342, like notifying land owners that you've claimed their land, will just increase the costs for his millionaire pal. Owens has abandoned the people of Colorado to please big business. Shame on him.

New on 6/2 - There's an excellent editorial in the Rocky Mountain News today. I hope Governor Owens will read it. You can read it here. And send an email to the Governor! There are only a few days left for him to act.

New on 5/23 - There will be a meeting at Pueblo County High at 7pm Wednesday. Go around to the back entrance and then left to the commons area.

New on 5/23 - We had a great rally in Denver Saturday. Senator Tom Wiens (R-Castle Rock) vowed to stand by us for as long as it takes. He was the first of several legislators to say that if the Governor vetoes SB-230 we will get a measure put on the ballot to take eminent domain away from road builders. I asked him about the possibility of a veto override and he said the votes are there and he will pursue that next January if necessary. He also said that Governor Owens won't return his calls about the Super Slab.

Rep. Gwyn Green (D-Golden) said that the members of the House had been lied to by the Front Range Toll Road Co. in order to get HB-1030 passed. But she said the residents of the corridor had seen to it that it was stopped in the Senate and had gotten SB-230 and HB-1342 through the House and Senate. Like Wiens, she said that if the Governor vetoes SB-230 it will lead to a ballot initiative.

The Eastern Plains Citizens Coalition and John Malone of Elbert County have hired the Hale-Friesen law firm to represent them (and consequently, all of us). Attorneys Allan Hale and Robert Hoban have been instrumental in lobbying for the passage of SB-230 and HB-1342. Robert Hoban spoke and said that they have written a letter (Adobe pdf file) to Governor Owens asking him to sign the bills. The letter also details their research into the history of eminent domain and related issues in Colorado. You'd need to go to law school to understand it all but the gist of it is that FRTR will have a fight on their hands if they try to use CRS 38-2-101 to seize land. The court decisions over the years have defined when and how eminent domain can be used and they certainly don't allow a whole industry to help themselves to private land. This would also violate the US and Colorado Constitutions. They call on the Governor to sign SB-230 to bring 38-2-101 into line with the rest of state law.

George Culpepper, Jr., Vice-Chairman of the El Paso County Republican Party, spoke and said he wanted to apologize for his fellow Republican (Owens) having so little regard for property owners rights. He said there are three things that we will not allow, "don't mess with my family, don't mess with my livestock, and don't mess with my land!" He also echoed the other's remarks that a ballot measure will follow if SB-230 is vetoed and that the corridor residents are the ones who deserve the credit for getting the new legislation passed.

We heard from corridor organizers from the various counties. Joe Pantaleo spoke for Pueblo and asked "Governor Owens who do you work for, the people of Colorado or the Front Range Toll Road Company?" There was a song from a man who will have a CD out to raise money for the cause and there was a cowboy poet who wrote a poem for the occasion.

I have told you what happened but I can't convey how exciting it was to hear from the leaders and neighbors who are going to bat for us. If you weren't there you missed out. Many people think that this is just about whether the majority of people would like a toll road. They don't know enough about it to see that the proposal is to do it by a method that wouldn't be legal in the other 49 states. (By the way, I contacted pollster Floyd Ciruli on May 7 and asked him about the costs and terms to do a poll on people's feelings about eminent domain. He never replied. Could it be that this "neutral" statistician will only work for one side?)

New on 5/23 - On Friday I went to the annual potluck barbeque at Chico Basin Ranch. I got to talk to a lot of people about the toll road. Many of these people were from conservation and nature groups and they all are friends of the ranch but most were unaware that the road would go clear through the length of this 87,000 acre state-owned preserve.

New on 5/21 - Here is a new (Word doc) Fact Sheet that you can use. It explains the basics and the current situation.

New on 5/19 - In today's Chieftain there are several transportation related articles. They tell of one project in the works to widen I-25 to 6 lanes from Colorado Springs to Monument. Another project (COSMIX) will widen I-25 through Colorado Springs. And the Union Pacific and BNSF railroads already have a plan to relocate their tracks to the east. That plan adds two sections of track to connect already existing tracks to create a toll-free bypass of the front range cities. There is no need for the Super Slab. I-25 is being widened and the railroads have another plan. FRTR needs to be shut down before they destroy a lot of property for nothing. (See the railroad study here.)

New on 5/18 - Attend the rally in Denver on Saturday. It's at the Capitol at 11am to show the Governor our support of SB-230 and HB-1342. If he would sign both of these it would be a MAJOR victory for us but he needs convincing on SB-230 especially. Can we get 2000 people? The bills haven't reached him yet so the timing is perfect. Take your family and friends.

New on 5/18 - Flyers are available to post and hand out at Rusler Implements, 29050 Hwy. 96 E. (on the way to the airport.)

New on 5/18 - Read Darla Schmitt's Letter to Governor Owens (and then send your own.) Darla

New on 5/17 - Please print off this flyer and distribute them (Word doc format): Flyer

New on 5/17 - Joe Pantaleo has new fliers that we hope people will use to get people to contact the Governor and to come to meetings (no meeting this week by the way). Contact Joe to get fliers that you can post and hand out.

New on 5/17 - Please read this article about Chico Basin Ranch from the Independent and visit their site at Chico Basin Ranch. The National Forests and even the "Wilderness" Areas are crawling with people. If you want to get away from the crowds you need to go to the eastern plains. Take exit 122 from I-25 and head east to get to the Colorado State Land Board's largest property. And it is open to all of us for hiking, biking, horseback riding and more. The largest antelope population in the country is in this area. And the Front Range Toll Road Company wants to cut it in half. The trails will lead to dead ends. The antelope will be all over the highway. And imagine trying to enjoy nature with a coal train going by every hour. A Chico Basin Ranch Flyer that you can use.

New on 5/17 - Read Gina and Joe Pantaleo's Letter to Governor Owens (and then send your own.) Gina & Joe

New on 5/13 - Governor Owens, take down that law! Governor Owens has said that he is seriously considering vetoing SB-230. The existing law, CRS 38-2-101 says "any corporation formed for the purpose of constructing a road...may acquire title to such real estate or right-of-way or easement or other right in the manner provided by law for the condemnation of real estate or right-of-way." (Full Text of 38-2-101) I'd like the Governor to tell us why he thinks that this is a good law and I'd like to know how he thinks it is consistent with the rights guaranteed by the 5th and 14th Amendments. He says that private toll roads can't be built without it but that isn't true. Other states do it without a law like this. They get state approval and the state acquires the land. The Governor and the Front Range Toll Road people don't want to be bothered with that. If SB-230 is vetoed and the road tries to go ahead under 38-2-101 get ready for the court case of Eastern Plains vs. Owens. The court won't uphold 38-2-101 so why does the Governor want to put the State through that battle?

New on 5/13 - Read Scott Brazil's Letter to Governor Owens (and then send your own.) Scott Brazil

New on 5/12 - Here is some advice on writing to Governor Owens using his own quotes on property ownership: (At Nosuperslab). Or use the email link below.

New on 5/9 - Last week's Chieftain quoted Ray Wells as saying "we can't partition somebody's property - we'd have to buy it all." I emailed him and asked if that meant he'd buy ranches of tens of thousands of acres. Here's what he said, "Rob: Obviously quoted out of context. We were talking about small farms and tracts and how the rules work if you divide property and do not provide owner access to both sides for farming, animals , etc. Under certain circumstances the court will decide how the problem is to be settled. RSW" It wasn't obvious to me. And call me cynical but to me that says if there's a way to get to the other side, no matter how long the drive, you have access. Don't count on being bought out so you can retire.

New on 5/9 - Ray Wells Company Run Out of Steamboat Springs

In 1993 Cherry Creek Aviation had entered into a 30 year agreement with the City of Steamboat Springs to provide aviation services at the Steamboat Springs airport. Within a year the situation was so unsafe that Steamboat cancelled the deal. Read what happened and Wells' unbelievable response: Steamboat

New on 5/8 - Not new really but still the most important thing. SB-230 which restricts eminent domain and HB-1342 which regulates the building of toll roads are on the way to Governor Owens. Write or email him asking him to sign these important bills. To contact Governor Owens:

New on 5/7 - In Monday's Chieftain Ray Wells said "On this route we will tie the rail, the highway, the utilities, and the airports in Pueblo, Colorado Springs and Denver." What is the need to tie rail and airports? The railroads carry large, heavy freight like coal and bulldozers. Do those really need to be transferred to airplanes? And what needs to be trucked from the Springs airport to DIA? Similarly there is little need for utilities to run side-by-side with road and rail. It's one of those statements that sounds good but doesn't really make any sense.

I asked toll road opponents up and down the corridor what they thought of Wells claim that, "we can't partition somebody's property - we'd have to buy it all." They were unanimous in saying DON'T BELIEVE IT. He's making lots of promises that he could easily back away from later (like the conservation easement and giving the road to the State) To not partition any properties he'd have to buy 85,000 acres of Chico Basin Ranch, 65,000 acres belonging to John Malone, several thousand acres of the Thatcher Ranch, and tens of thousands elsewhere. He's not going to do that and he's not going to buy your 40 or 80 acres in order to put a road across it. I emailed Wells and his spokeswoman Ellen Dumm for confirmation but have not received a reply so far.

New on 5/6 - NOW SB-230 has passed: At 3:15 the vote was 49-15-1 (1 absent).

New on 5/6 - CORRECTION: Last night SB-230 passed its second reading. The final vote is scheduled for today. They said SB-230 is adopted and I thought that was final.

New on 5/6 - SB-230 passed final reading at 11pm Thursday night. That means both bills have passed and are on the way to the Governor. Send your emails to the Governor pronto!

New on 5/5 11:30am - STOP THE PRESSES!!!! HB-1342 just passed final reading in the Senate 35-0. The previous vote in the House was 65-0. Now it goes on to Governor Owens for signature. Email the Governor!!! This bill requires toll road builders to notify affected landowners, they must do impact studies, and other controls. You can read it here (PDF format, requires Acrobat reader) HB-05-1342

New on 5/4 - Both bills moved forward on Wednesday. We had a meeting at County Weds. night. I'll do an update on that later. In the meantime read this Chieftain article and then come back and send emails to the Governor (extremely important!!!) and the Reps. & Senators. Links below will help with that.

New on 5/3 - Both bills moved forward again today!!! SB-230 passed final reading in the Senate unanimously. It now goes to the House. HB-1342 was passed by the Senate Transportation Committee and now goes to the full Senate. Governor Owens was on KOA with Mike Rosen. He said positive things about HB-1342 but said that if SB-230 passes private toll roads will be impossible. That isn't true! I don't think any other state has a law like ours that gives toll roads absolute powers to condemn and they build private toll roads. They just need to go through the approval procedures. Send an email to Governor Owens

New on 5/2 - Both bills moved forward today!!! SB-320 was unanimously approved by the Senate Judiciary Committee. It now goes back to the full Senate. HB-1342 passed the House 65-0 and now goes over to the Senate. There are still a lot of steps to go and time is running out. It's the perfect time to send emails if you haven't done so. See the 5/1 entry for help with that.

New on 5/2 - A Chieftain article today (Wells Article) mentions Joe Pantaleo, Scott Brazil and myself. They didn't go into all of the questions I have about Ray Wells' History.

New on 5/1 - I've created a new email that you can send. It is about both SB-320 and HB-1342. Please send this (or your own) to all of the representative and senators AND the governor. It took me 15 minutes to send to all of them. If these bills pass it will be the best 15 minutes work you ever did. GOVERNOR EMAIL, HOUSE EMAIL and SENATE EMAIL

New on 5/1 - In a Chieftain man-on-the-street poll Puebloans said 6-2 that the wouldn't use the toll road. Poll

New on 4/28 - Time to send emails again! HB05-1342 was approved by the House Transportation Committee 10-0 today. Now it goes to the House floor. We need to email all of the Representatives and Senators asking them to support the bill. It requires toll road builders to go through all of the same studies and procedures that the government would have to. You can read it at (PDF format, requires Acrobat reader) HB-05-1342 You can send an email to all of the representatives, senators and the governor by sending it to Mass Mail. That method is a bit like spamming so you might want to send them individually. You can do that using my mail pages for SB-230 but you'll have to change the message to apply to HB-1342. Do it once and then you can copy & paste the rest. HOUSE EMAIL and SENATE EMAIL If you haven't sent an email about SB-230 yet ask them to support both.

New on 4/28 - We had our second meeting at County High last night. There were 65 people which was not bad since we spent the week getting people to email the legislators and didn't distribute flyers. People were very interested and we got some good new supporters. Read the Chieftain article.

New on 4/28 - Joe Pantaleo and I went to Denver on Tuesday for the SB-230 hearing before the Senate Transportation Committee. There was a rally on the Capitol steps beforehand and organizers from each county spoke. Joe said that in Pueblo county the toll road corridor passes through the best farmland in the state. He said that the toll road wouldn't reduce traffic on I-25 noticeably because almost all of the traffic is local commuters. There are only 1800 trucks per day that go the whole distance and many of those wouldn't want to pay the tolls and drive the extra miles.

Senator Tom Wiens, who introduced SB-230, testified that during his lunch break he had filed incorporation papers for a toll road company. His road goes from Boulder to Pueblo through the mountains. He said "I now have condemnation authority and I really seriously question that that is the threshhold that the General Assembly really anticipated back when this law was originally put on the books." I've been telling people for a month that it is just that easy. Cheers to Senator Wiens for showing that Colorado law allows you to grab thousands of square miles of other people's property in less than an hour. Here is the Chieftain's article on SB-230

New on 4/27 - Martin Luther King, Rosa Parks and...Ray Wells?

Moved to Swimming Pool

New on 4/25 - I sent my email to each Rep. & Senator last night and am receiving replies. Read the reply I received from Rep. Decker and what I said in reply to that: Decker

New on 4/25 - Keep sending emails, the hearing is tomorrow. If you tried my Senate email page yesterday & saw a nonsense message that has been fixed.

New on 4/24 - Fixed an error in the senator emailing pages. If you only looked at the first senator you saw a test message. Now it's a meaningful message.

New on 4/24 - Added email pages for the representatives. All three pages are there now. HOUSE EMAIL

New on 4/24 - Added a quick & easy way to email the senators. Use the message I wrote or replace it with your own. But PLEASE write ASAP, the committee hearing is Tuesday. House version will be added soon. SENATE EMAIL

New on 4/23 - Two articles in the Chieftain. One on the formation of Eastern Plains Citizens Coalition of Pueblo: EPCCP
And one on Senator Wiens' bill: Bill. The online version of this one is truncated. The print edition has the date wrong for the hearing. It is TUESDAY not Wednesday.

Let's Go To Denver and Fight for Our Land!!!

New on 4/22 - Senator Wiens' bill was read in the Senate at 10:25am. It is SB-230 and it was assigned to the Transportation Committee. It will be heard by the Committee on Tuesday at 1:30. A demonstration is being planned at noon on the West Steps (details not definite yet). GET READY TO GO TO DENVER NEXT TUESDAY!!! If you can get to Ellicott there will be buses for $10 (children free). That way you won't have to worry about finding parking. Let me know if you need details. Check back in the next few days to see if there are any updates.

New on 4/21 - Senator Tom Wiens is going to introduce a bill taking the power of eminent domain away from toll road corporations!

The committee hearing could be as early as next Tuesday and he is asking for our support. There were only a handful of Puebloans at the March 22 hearing in Denver so we need to get the word out this time and get to Denver. Watch this site in the next few days for details.
Sen. Wiens letter to the voters: Letter
Sen. Wiens letter to the Ray Wells: Wells
Press Release: Press
The Wiens Bill: Bill

Thanks to Toll Road Warriors for making this material available.

Denver Post article on the Wiens Bill: Article

There will be a meeting at Pueblo County High

New on 4/20 - I had hoped to post a map of the new Colorado Toll Roads, Inc. corridor but they have errors in their filing (See Errors). I need Lindsay and Michelle to do an amendment so I can get those maps up. Maybe their fax machine is worn out? By the way, there are problems with the Front Range Toll Road filing too, I'll discuss those when the time is right.

New on 4/19 - Lindsay Case, whose Spring Toll Road jumped 6 miles west and then jumped back 6 miles east last week, has incorporated another toll road company. This one is Colorado Toll Roads, Inc. and it has grabbed 36 square miles of El Paso County. It is east of Security and Fountain and looks to go south to about mile 125. I'll make a map of this and the Springs Toll Road later today (if they don't jump away from me by then). CRS 7-45-101 is strangely worded but it seems to say that you need three or more people for a toll road corporation and you must name the route and termini. Either that or it says fewer than three don't need to name the route and termini! (See Laws) I mention this because Lindsay's is a one man corporation and names no termini. Come on Linz, file an amendment...

New on 4/19 - Bill Moore of Pueblo Area Council of Governments (PACOG) gave a very good presentation on the toll road to the Pueblo City Council last night. They wanted to hear from a transportation expert who is neither for nor against the project. Here is the Chieftain's article: Council

New on 4/18 - The Pueblo City Council meeting today will discuss the Super Slab. It is at 5:30pm April 18 at City Hall.

New on 4/16 - The Colorado Tolling Authority was voluntarily dissolved today leaving Springs Toll Road alone on the part of the corridors bypassing Colorado Springs that they shared. Interesting.

New on 4/16 - Article in Western Skies: Skies

Air Force Academy Saved by Stupid Slab!!!

New on 4/15 - Springs Toll Road filed another amendment today moving their road 6 miles back to the east and grabbing a few square miles more while they were at it. And did they thank me? No! But I don't hold a grudge. I'll tell them that they forgot to change "2/5/05 Amended" to the current date and they list "Sections 27, 34 in Range 65 West, Township 12 South" but don't have them marked on the drawing. The current score is STR 46 (square miles claimed) to CTA 41 with 23 square miles claimed by both of them. (Read about STR and CTA below on 4/13 and 4/12)

New on 4/15 - Added a bit of personal info: About Me

New on 4/15 - Denver Post article about proposed legislation: Post

New on 4/14 - Joe Pantaleo speaks at the County Commissioners Meeting

New on 4/13 - Toll Road Blunder Files Claim on Air Force Academy

New at 11pm 4/13 - Added Maps and links to filing docs for Springs Toll Rd. (See link below)
New at 6pm 4/14 - Added corporate officer info for STR (See link below)

Yesterday I wrote about the newly incorporated Colorado Tolling Authority (CTA) that proposes a bypass around Colorado Springs. A Gazette article on April 4 had mentioned an older similar proposal. A visitor to this site pointed out to me that the older one, Springs Toll Road, Inc. (STR) had claimed virtually the same corridor. Both of these companies simplified the process of describing their routes by naming the township, range and section numbers of the 1 mile square sections that their road will pass through. So it's like specifying the row and column of squares on a checkerboard. Many of the squares named by CTA in their filing on March 30, 2005 are the same squares named by STR in their original filing on Feb. 6, 2003.

But here's the twist. On March 21, 2005 STR amended their filing to choose a different arrangement of squares. In so doing they seem to have made an error that moved their corridor 6 miles to the west! So now, instead of beginning at the Gleneagle exit, their corridor begins at 9,000 feet in the mountains west of the Air Force Academy. Its mile-wide path descends the mountain and zig-zags through the Academy grounds taking in the Chapel and the class rooms and dorms, then Air Academy High. Then, having claimed the right to bulldoze through the Academy, it heads east taking in Chapel Hills. Then South along the west side of Academy Blvd. all of the way through the Springs. Then it heads west through Ft. Carson, it looks like it crosses part of the Broadmoor's golf course and then goes on up Cheyenne Mountain.

So, they could just do another amendment to correct the error, right? Well, in the meantime CTA incorporated and claimed the corridor that STR had accidentally abondoned with their amendment. It's not clear if these corridor reservations are exclusive or not. The law only specifies that a toll road must state their termini and the route "as near as may be." Front Range Toll Road seems to have started the trend of naming a wide corridor taking advantage of the vague language of the statute. The statute goes on to say "Such company shall have the right-of-way over the line named in the certificate..." but since these companies are naming paths as wide as 12 miles do they exclude anyone else from having a right-of-way? Beats me.

Hopefully this fiasco will convince the legislature that we have an unworkable, insane law that gives every speculator the powers that should be reserved only for the government and only in the most necessary of circumstances.

Springs Toll Road corridor maps and filing documents. STR

New on 4/12 - Another toll road company claims 41 square miles of El Paso County!!! Read CTA
New on 4/12 - El Paso County CTA corridor maps added CTA

New on 4/10 - They say there are 75,000 people living in the 12 mile wide super slab corridor (somewhat more than Ray Well's estimate of 200). I wonder if there aren't more than 75,000 because there are more than 42,000 in two Pueblo County zip codes alone. Zip code 81001 is completely within the corridor and had 30,715 people in the 2000 census. All but a tiny portion of 81006 is in the corridor (Eiler, Berwind and Taylor Streets which are 1 block long and 2-3 blocks of Mesa are not in the corridor). 81006 had 11,933 people, maybe 150 live in that little neighborhood by St. Mary's Church. That leaves about 42,500 people in the corridor in Pueblo County. And that's not all of the Pueblo corridor. Sources: Zip Code Map and Census Data by Zip Code.

New on 4/10 - The editorial in Friday's Chieftain refers to the corridor as being 10 miles wide FOUR TIMES. It is 12 miles wide. That is from the corporate filing of the Front Range Toll Road Company, it specifies 12 miles. Then the editorial says "legislation which would have allowed uniform tolls through each county also would have restricted the right-of-way to 650 feet." The correct figure is 660 feet (1/8 of a mile) and it is NEVER MENTIONED in HB-1030. Where do they get this stuff? (Thursday's article on the meeting at County High also used the incorrect 650 ft figure and said that 44th Lane is WEST of Santa Fe Ave.) More significantly they say that "we believe this limited access highway is needed." That is not the conclusion of the CDOT studies that have been done. They rate this project as a poor plan. We all know that transportation capacity along the Front Range needs to be increased but it should be done in a manner that the State determines to be the best plan. Not by letting some riverboat gambler plow a 220 mile scar through the eastern plains on the chance that he can make a buck. Chieftain

New on 4/7 - We had our first meeting at County High on 4/6. Read about it in the Chieftain

New on 4/6 - Joe Pantaleo speaks to the County Commissioners. Good job Joe!: Commissioners

New on 4/4 - Very good article from the Springs Gazette. It discusses the threat to property owners of Colorado's toll road law: Gazette

New on 4/3 - You can see our orange flyers in store windows all along Hwy 50E and Hwy 96. Also at some locations in town. If you can post some let me know or print them from this website. We need locations in town, the more visibility the better. There are also large signs at 28th Lane on 50E and on 96 right after the 4th St. on ramp (and another I think). THANKS to Dionisio's Turf Farms for putting the meeting announcement on their marquis sign at 36th. Anyone else have a portable or changeable sign they can contribute? Even after Weds. we will need space for announcements.

New on 4/3 - News article from up north: North Forty

New on 4/1 - High Resolution Maps of the 12 mile toll road corridor in Pueblo County. Street names and streams are shown.: High Rez Maps

New on 4/1 - This is no April Fool's joke. Here are Colorado's laws concerning toll roads: Toll Road Laws

New on 3/29 - An excellent article by Senator Mark Hillman. He says that "A 19th century law allows private toll road companies to claim a right-of-way across private property simply by filing incorporation papers and drawing a line on a map - no hearings, no notice, no approval. That law must be changed." AMEN! Read Hillman

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