Looks like a Taking, Feels like a Taking

Bike valet parking outside the Northside Richmond bike lane briefing.

The parallel struck me early in the meeting – this is like the pipeline process.  The people who want this bike lane are not deterred by what it does to the people and businesses directly on the route and disregard all concerns as unfounded.

Of course, the property owners along Richmond’s Brook Road do not actually own any of the pavement which would be converted from multi-vehicle use and dedicated to bicycles only. This may not qualify as a taking. But as they try to maneuver out of their driveways through the bike lane, see the one remaining travel lane occasionally blocked by emergency or service vehicles, and wonder if anybody will ever buy their house in the future, they will feel like they lost something.

Some of them came out to a community meeting Tuesday night to say so but found themselves up against the same kind of organizational techniques so effectively used in favor of the pipelines. The proponents had turned out their crowd and had people there to park their bikes and hand out shirt stickers.  When the moderator asked for questions, proponents instead made statements of strong support. It was a while before an opposing view was heard.

Joe Citizen just walking into a neighborhood meeting these days without planning and preparation and inclined to politely follow the rules is going to a gun fight with a pen knife.

The Experts were all for it, of course – city engineers and planners.  They’ve done their studies, thank you very much, and don’t need any more.  The “road diet” concept is Settled Science.  There is a consensus among 92.3 percent of traffic engineers (I made that number up) that adding bike lanes by eliminating car lanes stops speeding and saves lives (I didn’t make that up, that got said several times.)

It was just eerie how easily you could have substituted the Atlantic Coast Pipeline for the Brook Road bike lanes and little else said would have changed.  The bike lanes have federal agency blessing!  There is even federal funding!  Anybody who doesn’t fall in line is just not rational and need not be taken seriously (which explains the rude behavior poured on the Doubting Thomases who did speak).

The Richmond Times-Dispatch story on the meeting was abysmal, just rotten reporting. I don’t know the reporter, but he missed half the story. He implied all 250 people came to speak up in favor of the bike lanes, but plenty in the crowd did not join in the applause for statements of support and several made excellent point in opposition.

My bet is the reporter didn’t even know one of the speakers with concerns was former Secretary of Transportation Pierce Homer, and not quoting any of the many others raising questions was just shameful bias. On the other hand, the paper’s photo essay included several shots of skeptics, including Homer. But that didn’t tell the reader what was being said.

The pedestrian, bicycle and trails coordinator for the city staff, Jakob Helmbolt, made some telling statements. Most of the opposition flows from concerns the lanes will disappear just as surge of growth is expected. But when somebody asked about the huge open tract at the north end of the route near Azalea Avenue, ripe for commercial development and traffic growth, Helmbolt said he would consider that “at the time of development – that’s when the traffic impact study occurs.”

This 301-unit complex going up on Brook Road has proper zoning to expand.

Of course, once Brook is on its “diet” any developer may go elsewhere. Proponents even claimed that cutting down the road to a single lane each way will stop future apartment development. If they made that official with zoning changes, some of the opposition would melt.  But tell me again why that would not be a taking?

Somebody asked about turning right across the bike lines and Helmbolt dismissed that with: “The signalized intersections will have dedicated right turn lanes which will be shared,” he said. But there are scores of intersections without signals and all those private driveways. That’s the problem.

Big property owners on the route who were represented in the room but said nothing included Virginia Union University, a rapidly-growing private school, the Virginia Commonwealth University Children’s Hospital and CSX, which has a major gated crossing at the southern end of the bike lane route. A woman representing the industrial properties near those tracks, who will see their freight trucks restricted to that single lane and forced to turn across the bike lane, expressed strong opposition.

The meeting was all sparked by a proposed ordinance seeking to block the bike lanes, reversing earlier votes of support from City Council with less attention paid. Just when that ordinance might be taken up for a vote, or when the bike lanes will be created if it fails, never came up. I’m sure many are hoping that once the work is done and gas starts flowing, oops, I mean the bikes start using their protected lanes, things will quickly be forgotten.