Recently, I received an email from a man whose property is in danger of being lost as part of a gigantic private project in Colorado. By writing about and helping to fight eminent domain, I've invited such requests for help, but they are heartbreaking. This man and his neighbors are at a loss, and I could offer very little help, because they are facing a most unusual threat.

Twenty years ago, Ray Wells, like an old gold miner with foresight, staked a claim to a 210-mile, twelve-mile wide swath of land stretching north from Pueblo to Wellington, through 7 Colorado counties. Taking advantage of 19th century law established for prospectors, Wells claimed the sole rights to build a toll road on that land. Another fine example of legislation creating unexpected consequences, as it always does.

It seems that this idea has been kicked around for a long time... building a highway and rail lines east of severely congested highway 25 that runs north/ south through Denver. The new conduit would run distant from highly populated areas, allowing greater speed and safety. What has kept the project from becoming reality is the enormous expense that the state government could never afford.

Now, Ray Wells claims to have $2 billion in financing to construct a privately-financed 4-lane high speed (85-100 mph) toll road plus 3 rail lines on that property. On Feb. 8, legislation that would seem to enable Wells' project, House Bill 1030, passed overwhelmingly in the House, 62 to 3. The bill revokes the right of counties to set the tolls on toll roads in their own county. Instead, that right shifts to the Statewide Tolling Enterprise, a part of the Colorado Department of Transportation. Here's a map of the territory affected.

Reduced congestion, no public money, better transportation, paid for by those who want to use it... and it gets even more unusual. The developers have decided that they want to purchase a mile of restricted space on either side of the toll road... no commercial development allowed in that corridor. It would be a conservation easement. They do not want to attract new settlement along the line that might eventually create a whole new and congested corridor. Farmers and ranchers would be able to continue to use their property, except for the corridor running through it. Commercial development along the 200+ miles will be limited to service pods along the toll road. The pods will function like truck stops, providing services such as gas, food, and hotels to travelers on the toll road. The company owning the toll road would also own and operate the pods. Profit from those pods is undoubtedly a key to making the road profitable. Thirteen exits are planned for the toll road, which isn't many over a 210-mile stretch.

To a libertarian, this project could be a magnificent example of private enterprise doing what government, with all its force and money, just can't. There is little doubt that it will benefit a great many people by reducing congestion in populated areas. It will undoubtedly improve the state's economy through faster, cheaper transportation, and it will do all that with no state spending. It will be supported by those who benefit from it, not by the taxpayers of Colorado (or the rest of us, as with federal money). With a 12-mile wide corridor, they will be able to weave around towns, airports, and homes, minimizing the damage to existing life. Ray Wells claims that, though they will have the power of eminent domain, they don't expect to need it... that they expect to convince owners to sell.

I'm reminded of J.J. Hill's building of the Great Northern railroad line. Hill went to great lengths to help the farmers and ranchers along the line increase their livestock and grain production in order to increase traffic on his line and to secure right-of-ways. Hill even developed an experimental farm to create and demonstrate improved methods. Mutual benefit was the key to his success. Coercion wasn't needed... Hill made it to everyone's benefit to help his railroad become reality.

This is where the Colorado example may have a problem. The Front Range Toll Road doesn't seem to benefit those who will lose property to it, except for the payment they'll receive for the sale of land. If you had chosen to live in a relatively remote part of Colorado, would you be happy having a busy toll road and railroad running nearby? It appears that there will be opposition from some of those who own land in the 12-mile wide corridor. I doubt that such opposition will be enough... too few people, too little political clout. I'm afraid that the result will be to sacrifice the few to the many, if necessary.

I hope I'm wrong. I hope that Wells can find a way to convince, not force, enough landowners to willingly sell enough land to make the toll road a reality, bypassing those who don't want to sell. If that does happen, it will be a shining example of private enterprise doing what government can't and shouldn't do... but it will be that shining example only if it succeeds without the use of force.