Fox 31 report featuring Independence Institute criticism of FasTracks provided no RTD response, omitted think tank's campaign against the project

Summary: Reporting on a public meeting at which "two local groups [spoke] out against" the Regional Transportation District's (RTD) "plans to seize private land for light rail projects," KDVR Fox 31 identified one group as the Independence Institute, and quoted a staff member's criticism of the transit agency. But the report omitted that the "free-market" think tank in 2004 led a failed campaign against RTD's FasTracks, and it included no response from RTD officials.

A report on the March 11 broadcast of KDVR Fox 31's Good Day Colorado noted that the Independence Institute and the Colorado Property Rights Coalition held a public meeting regarding the Regional Transportation District's (RTD) consideration of exercising its power of eminent domain to acquire property for the FasTracks Gold Line commuter railroad. However, despite noting the Independence Institute's criticism of RTD, the report did not mention the think tank's conservative agenda and its unsuccessful 2004 campaigning against FasTracks. In addition, Fox 31 aired Independence Institute policy analyst Jessica Peck Corry's claim that RTD is "targeting private property owners unjustly with the ultimate goal of turning their properties into lucrative private developments," but provided no response from RTD officials, despite previous newspaper reporting of RTD's comments on such claims.

The Denver Post reported on February 21 that "[a] breakdown in RTD's effort to acquire major Union Pacific railroad properties in central Denver for FasTracks rail construction has led the transit agency to consider new routes that would require the acquisition of land from more property owners." The article continued:

On Tuesday, planners working on the Gold Line commuter train from Union Station to Arvada/Wheat Ridge outlined several alternate routes for the portion of the line from downtown Denver to Pecos Street.

All cost more than an earlier plan to use freight-rail right of way shared by the Union Pacific and Burlington Northern Santa Fe railroads.

Planners are recommending a Union Station-to-Pecos option that could lead to taking 13 full properties, including one home, and parts of 11 other properties.

From the March 11 broadcast of KDVR Fox 31's Good Day Colorado at 5 a.m.:

SHAUL TURNER (anchor): Well, this morning two local groups are speaking out against RTD's plans to seize private land for light rail projects. The Independence Institute in Golden and the Colorado Property Rights Coalition met last night about the controversial FasTracks project. Organizers say RTD is violating the landowners' civil rights and preying on people who can't afford to fight back.

CORRY [video clip]: They are targeting private property owners unjustly with the ultimate goal of turning their properties into lucrative private developments.

TURNER: Well, last month three property owners announced plans to file a civil suit against RTD. The agency says it needs their land to complete the West Corridor of FasTracks, but the landowners say they plan to redevelop the area.

Besides not identifying the Independence Institute as a "free-market, pro-freedom" policy research organization, Fox 31 failed to mention the think tank's campaign against the FasTracks referendum in 2004, which Colorado Media Matters has pointed out. As the Rocky Mountain News reported on April 19, 2007, Independence Institute President Jon Caldara "was a leader of the campaign against the November 2004 FasTracks election that increased the RTD sales tax 0.4 cents to a full penny on the dollar."

Furthermore, Fox 31 did not report any response from RTD officials to Corry's assertion that the transit agency is "targeting private property owners unjustly with the ultimate goal of turning their properties into lucrative private developments." In contrast, previous reporting in the Post and the News quoted RTD officials' rebuttal to such claims.

For example, on February 18, the News reported criticism by a property owner at a rally against RTD's use of eminent domain:

"(RTD General Manager) Cal Marsella has been really good about staying on message," said Lakewood resident Kim Snyder. "The voters did approve FasTracks. But they did not approve redevelopment."

Snyder and her husband, Galen Foster, are among a group of property owners who filed a government immunity notice Jan. 31, the first step in filing a lawsuit to block the condemnation proceedings.

The couple has owned Pro Tint, a window-tinting business at West 14th Avenue and Wadsworth Boulevard, for 20 years. RTD wants the property for a new light-rail station. But the couple contends RTD plans to allow developers to build a five-story retail, office and housing complex on the property.

The News then reported RTD's response:

RTD spokesman Scott Reed disputed Snyder's statements at the rally.

"We are purchasing the property needed for the voter-approved transit project," Reed said. "We do not acquire property for private development."

And, according to a February 20 Post article, "RTD general manager Cal Marsella told lawmakers his agency pays 'fair market value' for land taken through eminent domain." The article continued:

RTD may solicit interest from private developers for building up to four additional floors of commercial space above the parking garage, he said.

If private companies develop the "air rights" above the "footprint" RTD needs for parking, the agency might be able to save money for taxpayers, Marsella said. But he added, "I want to dispel the notion we're in the development business. We're not."

—C.H.