Property owners met again in September in Calhan to learn more about what they can do to prevent construction of Ray Wells’ Prairie Falcon Parkway Express. Speakers included Marsha Looper, attorney Robert Hoban, Sen. Doug Lamborn (District 9) and County Commissioner Douglas Bruce. No one spoke from the Prairie Falcon Parkway Express Co.Reviewing the current toll road statutes, Looper said, “Proposed toll road projects must be proven financially viable before they can proceed.” She added that, according to the Colorado Department of Transportation, this toll road project is not financially feasible “even with taxpayer funds.”Looper also cited E-470 as an example of a toll road that isn’t financially working. “Surveys show 81 percent of people will drive E-470 only in an emergency, and just 7 percent drive E-470 whenever they can,” she said. “Why would truckers be any different when they can choose to drive the toll-free Ports-to-Plains Trade Corridor?”Toll road companies are now required to follow the same environmental study process followed by CDOT. Looper suggested that property owners document threatened and endangered species on their land, including boreal toads, whooping cranes, Colorado kit foxes, grey wolves, black-footed ferrets, lynx, wolverines, the Preble’s meadow jumping mouse and burrowing owls. They should also document any antiquities or historical artifacts on their land, she said.Hoban also told the audience that Falcon Parkway Express Co. employees or subcontractors will need access to private properties to complete the required environmental studies. Cooperation will be necessary, he said, as “property owners are not required to grant access to their property except by court order.”Filings at the Secretary of State’s Web site (www.sos.state.co.us) show that in 1995 Ray Wells filed documents for Flat Penny Inc., a railroad that was never built but has the same legal description as the Front Range Toll Road. The Prairie Falcon Parkway Express project also includes a railroad.Hoban said railroads have limited condemnation power in Colorado. Legally, property can’t be condemned by a railroad and then converted to a toll road. The two companies could merge later, but the courts might frown on that type of sleight of hand, hesaid. “Valuation is never, ever fair in a condemnation process,” Hoban said.He advised property owners to consult a lawyer if they receive an offer fromeither company.He also talked about a railroad that is planned for the project – the Flat Penny Inc. Hoban said railroads have limited condemnation power in Colorado. Legally, property can’t be condemned by a railroad and then converted to a toll road. The two companies could merge later, but the courts might frown on that type of sleight of hand, he said. “Valuation is never, ever fair in a condemnation process,” Hoban said. He advised property owners to consult a lawyer if they receive an offer from either company.Because the El County Board of County Commissioners is a quasi-judicial body, Commissioner Bruce could not explicitly oppose the toll road at the meeting, he said. However, he invited everyone to send an e-mail to each county commissioner stating their views. “I am the only commissioner who regularly votes against developers because we don’t have a system for making developments pay their way,” he said.Speakers encouraged attendees to stay informed about the project and continue to attend anti-toll road meetings. A number of other suggestions like placing “not for sale” signs on individual properties were made as well.Toll road meetings also were held in Wellington and Bennett in early October.
