Eminent domain usage by the Denver area transit authority may be severely limited by a law that specifies land seizures be made only for "public transit purposes". This may prevent takings for such uses as parking lots and TOD.
"A bill in the Colorado legislature to curb RTD's power of eminent domain could dry up federal funding for FasTracks trains and bring the $6.1 billion project to a halt, Regional Transportation District officials say."
"House Bill 1278 would allow RTD to acquire property by eminent domain only for 'public transit purposes.'"
"Under the bill, RTD could not take land for park-n-Rides or retail or residential development near train stations."
An RTD plan to acquire properties at Wadsworth Boulevard and West 14th Avenue in Lakewood has galvanized landowner opposition to the agency's power of eminent domain.
If RTD can't acquire land for parking, FasTracks cannot proceed, said RTD general manager Cal Marsella.