Update: Stupidslab News - HB-1007 Likely To Pass

May 5, 2008 by Rob Dougherty
On Friday the conference committee on HB-1007 held a second session and reached agreement on a new amendment to the bill. This amendment was then returned to the house and senate for their approval. The senate passed it on Friday on a 32-3 vote. It is on the schedule for the house to hear on Monday and there is little doubt that it will pass. Wednesday is the last day for the 2008 legislature so they will be done one way or the other by then.

The senate amendment added last week specified that any existing toll road corridor "IS VOID AND SHALL NOT BE DEEMED TO GIVE THE FILING TOLL ROAD OR TOLL HIGHWAY COMPANY ANY PROPERTY RIGHT OR EXCLUSIVE DEVELOPMENT RIGHT OF ANY KIND WHATSOEVER WITHIN THE CORRIDOR." The conference committee deleted the words "IS VOID" and amended the words "ANY KIND WHATSOEVER WITHIN THE CORRIDOR" to say that if the company meets the start of work requirements they will have the exclusive right to seek approval for the road.

Where the senate amendment would have eliminated existing corridors entirely, the committee amendment leaves them in existence but makes it more explicit that they only signify the first step of the approval process. There is really very little difference in the status of the existing corridors before and after this bill if it passes. Here are the differences as applied to the Super Slab.

Currently:
Front Range Toll Road Company has the exclusive right to develop the toll road subject to all of the required approvals.

If HB-1007 passes:
Front Range Toll Road Company has the exclusive right to seek all of the required approvals and if successful has the exclusive right to develop the toll road.

It's hard to believe that this slight difference will give much relief to depressed real estate prices. Only time will tell.

The bill still contains the immunity from lawsuits for toll road companies and title insurers and the requirement that title insurers omit any mention of toll roads in their searches and policies. The legislature was very concerned with protecting the "rights" of the Front Range Toll Road Company but not so much with the rights of the people who actually own the land in the corridor.

Rob Dougherty
Pueblo County
www.stupidslab.com