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Annexations, allegations still disputed as Weld County vacates land for BNSF Railway

Train tracks stretch into the distance with a green grass field to one side and a multi-lane freeway on the other.
Christopher Wood
/
BizWest
BNSF’s tracks run along Interstate 76 in southeast Weld County. The land east of the tracks would house a massive new intermodal facility.

Weld County commissioners voted 4 to 1 last week in favor of vacating a portion of the right-of-way for Weld County Road 41 to the Burlington Northern Santa Fe Railway Company (BNSF).

KUNC ڱ has looked into the development in the past. The vacated area, which is planned along Interstate 76 between County Roads 4 and 6, would help BNSF build a new intermodal facility to aid with transfers from trucks to trains. It will also include an estimated 20 million-square-foot logistics center, which would have a massive impact on the communities of Hudson and Lochbuie.

KUNC reporter and host Emma VandenEinde spoke with BizWest editor and publisher to learn more.

“It's expected to generate billions of dollars in economic impact over time,” Wood said. “One economic development official told me that it's likely to be the biggest economic development project in the state.”

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But not everyone is celebrating, and there are several disputed annexations and allegations to be sorted out before the project moves further. Wood Commissioner Lori Saine said she was “particularly alarmed when I hear things like, ‘It sounds like we’ve already made a decision.’” She has also said “any type of appearance of collusion would be really bad.”

“Saine and officials from Hudson said the timing of the actions was concerning, saying she hoped there wasn't a thumb on the scales at Hudson's expense,” Wood recalled. “Her comments drew some angry exchanges with other commissioners.”

BNSF submitted three annexation requests to Lochbuie on May 4, totaling more than 2,300 acres. Lochbuie’s Town Council gave initial approval to the annexations on May 6.

“The vacation of right-of-way could have a bearing on a flagpole annexation and process by Hudson for land south of BNSF,” Wood said.

But now there’s three annexation cases in Weld County District Court, and the rulings on those are still undetermined. Hudson also wants a county judge to determine that Lochbuie’s annexation of the BNSF land violates a court ordered stay on annexations.

“For the first of those cases, the two towns can't even agree on who should vote,” Wood said. “Lochbuie argues that only Weld County, as an entity that owns a right-of-way, should vote, given that it owns the right-of-way. But Hudson argues that property owners along the right-of-way should have a say.”

Some Hudson and Lochbuie residents are happy about the potential of an intermodal facility and the tax revenue it could create over time, but Wood said it’s still a debated issue.

“In unincorporated Weld County, it’s been controversial, as BNSF used 11 eminent domain cases to acquire part of these land holdings,” he said. “It's absolutely going to change the way of life there in what's now a rural part of Weld County.”

BizWest reports an attorney representing BNSF said the vacated area was necessary for the company to meet its timeline for the development, but that timeline is still not public. Wood said a BNSF representative told him via email, “Lochbuie is well positioned to meet the project's infrastructure demands” and will “help the railroad keep pace with future customer growth.”

I'm the General Assignment Reporter and Back-Up Host for KUNC, here to keep you up-to-date on news in Northern Colorado — whether I'm out in the field or sitting in the host chair. From city climate policies, to businesses closing, to the creativity of Indigenous people, I'll research what is happening in your backyard and share those stories with you as you go about your day.
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