Eminent Domain and Public Transit
“In Colorado, proposed legislation that would limit the eminent domain power of the Denver Regional Transit District (RTD) to land necessary for “public transit purposes” – as a result eliminating RTD’s ability to forcibly acquire land for things such as park and ride lots – was defeated. RTD has made extensive use of eminent domain as its constructs the new rapid transit lines authorized by its FasTracks program. While RTD’s use of eminent domain has angered many in the Denver area, there is little that opponents could do about it.
However, in Virginia, voters passed “Question 1” on the November 2012 ballot which limits the use of eminent domain to public use and “not where the primary use is for private gain, private benefit, private enterprise, increasing jobs, increasing tax revenue, or economic development”. While most commentators think this new law will be bad for transit, it is unclear at this time what the effect will be. It may be more difficult to construct lines that require the use of eminent domain, as proponents would not be able to argue that the project should be built to add jobs or help the economy.”
MacKechnie, Christopher. About.com December 2012