Date: 01/29/2008
Final
BILL SUMMARY for HB08-1007
HOUSE COMMITTEE ON TRANSPORTATION & ENERGY
| Votes: View--> | Action Taken: |
| <none> | <none> |
05:05 PM -- House Bill 08-1007
Representative Looper, prime sponsor, reviewed the provisions of House Bill 08-1007, concerning the statutory provisions enacted by the General Assembly during the 2006 legislative session that impose certain requirements on private toll companies for the purpose of alleviating consequences of those provisions that may affect real property. She discussed the scope of the bill and the stakeholders involved in drafting the bill. She said that bill addressed improving notification procedures. She spoke to the immunity provisions for entities implementing the provisions of the bill.
05:11 PM
Representative Looper responded to questions from committee members. She was asked to discuss potential language that could be offered as an amendment.
05:13 PM
The following persons testified:
05:14 PM -- Amy Lathen, County Commissioner-elect from El Paso County, testified in support of the bill. She said that her constituents are dramatically impacted by the bill and the she feels she needs to advocate for her district. She feels that the bill provides relief to the area she represents and respects property rights. She noted that the people within the impacted area should not be harmed by overreaching title designations.
05:21 PM
Ms. Lathen responded to questions about property valuation in the three-mile toll corridor. Representative Looper identified the issues she had been asked to address: the title encumbrances and the filing of the corridor. The committee discussed the impact on property values.
05:27 PM
Representative McFadyen discussed the history of legislation addressing the toll corridor, and the consequences of prior legislation. Committee members continued to discuss the provisions regarding titles in the corridor. Representative Levy continued to ask questions about liability for title insurance companies.
05:36 PM -- Mark Lowderman, El Paso County Assessor, spoke to the potential impacts on notices to title and the impact on assessed values in El Paso County. He spoke about the 2007 property tax appeal period and the problems that property owners were having refinancing their properties. He discussed the fiscal impact to the county and said that economic obsolescences were measurable. He thought that a 20 percent decrease in property values to impacted property owners might be a reasonable estimate.
05:43 PM
Mr. Lowderman responded to questions about how the bill would alleviate the existing issues for property owners. Representative Marostica asked questions about current disclosure requirements. Representative Scanlan asked for clarification about disclosure provisions. Mr. Lowderman was asked to talk about lenders and the title companies, and the way that they consider the properties in the corridor.
05:51 PM
Representative Merrifield said that he was concerned about whether the bill would actually help the existing issues that property owners in the corridor face. Mr. Lowderman made further comments in response to the committee discussion. Representative Looper reiterated that the bill would not remove the toll road corridor from the books, but that the bill addresses other, more specific issues. Representative Levy made additional comments about the issues that remain under the bill.
06:00 PM -- Randy Goodson, representing the Ellicott Town Center, responded to questions that had been raised about the rights of property owners. He spoke about the different types of rights in regard to property. He spoke to discussions he has had with lenders and homebuilders and the "cloud" on the property titles that they see. He characterized the "bundle of rights" under discussion.
06:09 PM -- Simon Malk, representing Ellicott Springs Land Company, testified in favor of the bill. He spoke to the impact of the recording on the titles. He said he had discussed the bill with a title company and relayed the feedback to the committee.
06:15 PM
Representative Merrifield commented on the concerns he had raised earlier, and Mr. Malk spoke to the perceptions that the title designation creates. He also discussed all of the steps that would have to take place before the toll road would be built, whereas the title designation creates a perception that the threat - - the building of the toll road -- is immediate.
06:20 PM -- John Metli, representing Elbert County, testified in support of the bill. He provided some history in regard to the initial discussion about the concept of a toll road. He characterized the creation of a toll road corridor through a "concept."
06:25 PM -- Chuck Bergsten, representing himself, testified in support of the bill. He described his perceptions as someone who is not in the current three-mile corridor, but who owns property in the vicinity.
06:30 PM -- Carolyn Myers, representing the El Paso Transportation Coalition, testified in opposition to the bill. She described the coalitions that have been built around the toll road issues and distributed a hand-out (Attachment C). She spoke to misconceptions that have been voiced around the corridor issues.
06:34 PM -- Rick Brown, representing the High Plains Coalition for Responsible Transportation Policy, testified in opposition to the bill. He thanked the committee for its work on the issue. He said he does not disagree that the toll road corridor is causing problems, but rather disagrees that the bill helps the current problems. He distinguished this situation in which a private entity is authorized to file articles of incorporation and noted that the issues should be dealt with as a package.
He suggested that the liability immunity in the bill is too broad.
06:43 PM -- Cindy Bulinski, representing the Adams Arapahoe County Citizens Group, testified in opposition to the bill. She described her experiences as a property owner in the current three-mile corridor. She distributed a hand-out (Attachment D). She said that the bill could force buyers to litigate. She voiced the opinion that the existing statutory process is a backward way to build a road.
06:50 PM
Representative Looper was asked to comment on the concerns that Ms. Bulinski had raised, and Representative Looper indicated that she felt her concerns were valid. Representative Looper reiterated that she feels that House Bill 08-1007 would provide specific relief on certain issues. Ms. Bulinski made further comments about the bill.
06:54 PM -- Chuck Saxton, representing the Adams Arapahoe County Citizens Group, testified in opposition to the bill. He said that he opposed the immunity provisions in the bill.
06:57 PM -- Sharon Crogan, representing the Save Our Homes Coalition, testified in opposition to the bill. She thanked the committee members for their consideration of the opponents' concerns. She expressed concern that under the bill, persons could purchase property without knowing of the corridor.
07:02 PM
Ms. Crogan responded to questions from committee members.
07:04 PM -- Barbara Fillmore, representing the El Paso Transportation Coalition, testified in opposition to the bill. She said she wished that the bill's provisions could assist the situation, but that she is concerned about the disclosure provisions. She said that hiding the problem is not the way to solve the problem.
07:08 PM -- Robert Thomasson, representing the High Plains Coalition for Responsible Transportation Policy, testified in opposition to the bill. He thanked the committee members for their consideration of the issue. He described his personal experience and said he would like to work on legislation that is more comprehensive.
07:15 PM
Representative Merrifield asked Mr. Thomasson to comment further on the bill.
07:17 PM -- Pat Vera-Hink, representing herself, testified in opposition to the bill. She said that the recent experiences have been painful, but that she fears the pain will pass to other potential buyers if the bill passes. She said that problem is the corridor.
07:20 PM
Representative McFadyen closed testimony and laid the bill over until a future meeting.