Final
STAFF SUMMARY OF MEETING

SENATE COMMITTEE ON TRANSPORTATION

Date:02/03/2009
ATTENDANCE
Time:01:32 PM to 03:27 PM
Kopp
X
Renfroe
X
Place:SCR 352
Romer
X
Spence
X
This Meeting was called to order by
Veiga
X
Senator Gibbs
Williams
X
Gibbs
X
This Report was prepared by
Geoff Johnson
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
SB09-078
SB09-063		Referred to the Committee of the Whole
Postponed Indefinitely

01:33 PM

Senator Gibbs, Chairman, called the meeting to order.

01:33 PM -- Senate Bill 09-078

Senator Newell, prime sponsor, presented Senate Bill 09-078, concerning the abandonment of portions of the state highway system to local jurisdictions. She said that Senate Bill 09-078 will codify current practice at the Colorado Department of Transportation (CDOT). She noted that this relinquishment program will be optional for local governments and will allow the Colorado Transportation Commission to determine that all or a portion of a state highway will revert to a local government upon agreement with the local government.

The following persons testified in regard to Senate Bill 09-078:

01:39 PM -- Melissa Nelson, representing CDOT, supported Senate Bill 09-078. She said that the department began investigating the feasibility of turning certain roadways back to local governments in 2006, primarily roads that serve effectively as local roads. She described the local government relinquishment application process to the committee. She noted that the transfer of the roads off of the state system will be permanent. She said that any funding provided to a local government in concert with relinquishment must be used for road construction or improvement.

01:52 PM -- Mark Radtke, representing the Colorado Municipal League (CML), noted that no transfer of a roadway may occur without the negotiation of an intergovernmental agreement. He added that CML supports Senate Bill 09-078.

01:54 PM -- Chris Mendez, representing Colorado Counties, Inc., supported Senate Bill 09-078 and said that the process of relinquishment of highways will be transparent under Senate Bill 09-078.
BILL:SB09-078
TIME: 02:05:32 PM
MOVED:Romer
MOTION:Moved that Senate Bill 09-078 be referred to the Committee of the Whole. The motion passed on a 7-0-0 roll call vote.
SECONDED:
VOTE
Kopp
Yes
Renfroe
Yes
Romer
Yes
Spence
Yes
Veiga
Yes
Williams
Yes
Gibbs
Yes
Final YES: 7 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

02:06 PM

The committee meeting recessed.
02:12 PM -- Senate Bill 09-063

Senator Brophy, prime sponsor, presented Senate Bill 09-063, concerning limitations on the exercise of the power of eminent domain by a railroad. He commented on a Colorado Department of Transportation (CDOT) feasibility study that is underway and that addresses the potential relocation of rail lines in eastern Colorado. He said that property affected by such relocation proposals should be purchased in good faith, rather than through eminent domain. He said that Senate Bill 09-63 would modify existing eminent domain procedures. He said that taking a portion of an agricultural property may make a farming operation much less efficient, and that compensation for such a taking should be provided to the property owner for this loss of efficiency.

The following persons testified in regard to Senate Bill 09-063:

02:24 PM -- Travis Taylor, representing the Colorado Cattlemen's Association and Citizen's Against Railroad Relocation, supported Senate Bill 09-063. He commented in regard to the potential valuation of property that could be taken as a result of recommendations made in the CDOT rail relocation study. He noted that there could be an impact on local school district budgets from such takings.

02:31 PM -- Kenny Yoder, representing the Colorado Cattlemen's Association and Citizen's Against Railroad Relocation, spoke of the potential devaluation of property as a result of railroad relocation. He said that the use of eminent domain by private companies should be restricted. He said that the potential relocation of railroad lines has already negatively impacted property values.

02:38 PM -- John Reid, representing the Colorado Independent Cattle Grower's Association, supported Senate Bill 09-063. He said that the proposed railroad relocation could negatively impact businesses in eastern Colorado and that the construction of railroad lines tends to change the hydraulics of an area. He spoke of potential problems with erosion that could result from rail relocations and concerns with animal migratory patterns.




02:43 PM -- Becky Thompson, representing Citizen's Against Railroad Relocation, supported Senate Bill 09-063 and said that the planned rail line relocation would require the demolition of her home. She said that she does not believe that she would be fairly compensated in eminent domain proceedings under current law. She commented on the potential impact of railroad relocation on fire protection services. She said that condemnation should be used only as a last resort.

02:48 PM -- Mike Reystead, Haswell, representing himself, said that sales of property should be voluntary and fair to any property owner.

02:53 PM -- Blaine Bilderback, representing the Burlington Northern Santa Fe Railway, said that his company is monitoring CDOT's study and that Senate Bill 09-063 unfairly targets railroads. He opposed Senate Bill 09-063, and said that a rail company's ability to condemn property is rarely used and then only as a last resort. He said that the lack of eminent domain powers on the part of a rail company can permit an individual to block a rail line that benefits many people. He said that state governments grant rights of condemnation for the public good. He noted that his company has invariably paid over market value for condemned property.

03:00 PM -- Dick Hartman, representing the Union Pacific Railroad, said that his railroad has used condemnation on only two occasions in the last decade, while 72 properties were acquired over that period. He noted that Senate Bill-09-063 prevents the transfer of property after it is acquired by eminent domain and would prevent property transfer upon bankruptcy. He noted that the state relies on the railroad industry for economic development. He said that his company has only used condemnation on ten occasions in more than 1,000 property acquisitions in the history of the company.

03:15 PM -- Mike Ogborn, representing the Great Western Railway of Colorado, commented on the operation of shortline railways. He said that Senate Bill 09-063 is designed to target the impacts of the CDOT railway study. He noted that his railway used condemnation on one occasion in which a Weld County property owner asked for $300,000 for one-tenth of an acre. He said that Senate Bill 09-063 would prevent the implementation of the federal "Rails-to-Trails Program," and would thus be preempted by federal law. He said that he believes that Senate Bill 09-063 would discriminate against his industry.
BILL:SB09-063
TIME: 03:22:50 PM
MOVED:Kopp
MOTION:Moved a prepared amendment to Senate Bill 09-063, L.001 (Attachment A). The motion failed on a 3-4-0 roll call vote.
SECONDED:
VOTE
Kopp
Yes
Renfroe
Yes
Romer
No
Spence
Yes
Veiga
No
Williams
No
Gibbs
No
Not Final YES: 3 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: FAIL
090203AttachA.pdf


BILL:SB09-063
TIME: 03:24:58 PM
MOVED:Kopp
MOTION:Moved that Senate Bill 09-063 be favorably recommended to the Committee of the Whole. The motion failed on a 3-4-0 roll call vote.
SECONDED:
VOTE
Kopp
Yes
Renfroe
Yes
Romer
No
Spence
Yes
Veiga
No
Williams
No
Gibbs
No
Not Final YES: 3 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: FAIL
BILL:SB09-063
TIME: 03:26:39 PM
MOVED:Williams
MOTION:Moved that Senate Bill 09-063 be postponed indefinitely. The motion passed on a 4-3-0 roll call vote.
SECONDED:
VOTE
Kopp
No
Renfroe
No
Romer
Yes
Spence
No
Veiga
Yes
Williams
Yes
Gibbs
Yes
Final YES: 4 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: PASS

03:27 PM

The committee meeting adjourned.