The genius of the Indiana Toll Road lease is now on display again as its private operator is declaring bankruptcy. Mitch Daniels once said that it was “the best deal since Manhattan was sold for beads – only this time the natives won.” We now have the proof on display.
I continue to be mystified that people can still claim this was a bad deal for the state (see former Indiana House Minority Leader Pat Bauer and this Shaw Friedman guy). Hello? If the operator is going bankrupt, it’s because they overpaid. The revenue projections they made were so inflated that the tolls couldn’t even cover the debt service. That means Indiana got way, way more than the road was actually worth.
It may well be that you can have various objections to the deal. Maybe the state should have better anticipated some compensation events. Maybe you don’t like some of the projects the proceeds were spent on (there are a few I think are dubious). But just because the deal might fall short of some theoretically perfect ideal that nothing ever achieves doesn’t mean it wasn’t a massive win for the state overall – especially financially.
Those who claim that the state could have better monetized the highway itself beyond stretch credulity. After all, the state never made a material profit on the highway in the 50 years it owned it and it had badly deteriorated in many places. To think that state would have been able to generate more than the private concessionaire paid ($3.9 billion in cash and upgrades) with a revenue stream that has proven manifestly inadequate to even keep the private firm afloat is, shall we say, a bridge too far. (You might be able to try a Laffer Curve type argument, but I’ve never heard anyone actually make it. And if cutting tolls would have optimized revenues, you can believe the private operator would have tried it).
Daniels did once say that the state would retake responsibility for the road back if the vendor declared bankruptcy. He clearly misspoke on that. The state won’t get the road back until the lease expires (though still has and never did lose ownership). But if the bankrupt or restructured entity defaults on its obligations under the lease, the state very much can take it back. So the state is protected. Who care’s who the operating entity is as long as it’s delivering on the contract?
I don’t think that government should try to sign “gotcha” deals with private parties that sends them into bankruptcy. Ideally such deals would be win-win. But given how many terrible deals have been signed with cronies and such out there, it’s good to see one where the public gets a clear win. Cintra and Macquarie are big boys who surely already protected themselves (and have a large portfolio which likely includes some big winners for them). Though a new operator may try, and they’d be crazy not to, there’s no reason for the state to renegotiate on this one.