Authorize the Bureau of Transportation to acquire certain temporary rights necessary for construction of NE 122nd Ave, Safety and Access: Beech St-Wasco St Project, through the exercise of the City’s eminent domain authority
The City of Portland ordains.
Section 1. The Council finds:
- The City of Portland may exercise the power of eminent domain pursuant to Section 9-108 of the City Charter and in accordance with Eminent Domain procedures provided for in ORS Chapter 35 (Eminent Domain; Public Acquisition of Property), including those procedures that apply to notification, valuation, negotiation, relocation and early possession if necessary, when the exercise of such power is deemed necessary by the City Council to accomplish public purposes for which the City has responsibility.
- The City of Portland has the responsibility of providing safe transportation routes for commerce, convenience and to adequately serve the traveling public.
- The project known as the NE 122nd Avenue, Safety and Access: Beech Street-Wasco Street Project (the Project) has been planned in accordance with appropriate engineering standards for the construction, maintenance, or improvement of said transportation infrastructure such that property damage is minimized, transportation promoted, and travel safeguarded.
- The Project willconstruct new enhanced crossings of NE 122nd Avenue, as well as associated improvements such as sidewalk, ADA ramps, and striping modifications.
- To accomplish the Project set forth above, it is necessary to acquire the following property interests described and depicted in Exhibits 1 through 10, attached to this Ordinance, and by this reference incorporated herein.
- All affected property owners have been contacted and informed as to the City’s need for certain private property rights related to completion of the Project. All affected property owners have been invited, by mailing, to attend the reading of this agenda item.
- On March 16, 2022, the Council approved Ordinance 190740, accepting a grant of $4,543,700 and authorizing an Intergovernmental Agreement with the Oregon Department of Transportation for the NE 122nd Avenue Safety & Access: Beech Street-Wasco Street Project. This project is funded with federal dollars awarded through a Metro Regional Flexible Funds Allocation (RFFA) grant. While the funding is federal, it is separate from the Safe Streets for All grant, which supports a different project that is still several years away from construction.
NOW, THEREFORE, the Council directs:
- That it is hereby declared that it is necessary to acquire the property interests described and depicted in Exhibits 1 through 10 to this Ordinance for the Project, for which the City is authorized by law to acquire property, and that the Project has been planned, designed, located, and will be constructed in a manner which will be most compatible with the greatest public good and the least private injury.
- That the Director of the Bureau of Transportation or designee and/or City Attorney are authorized to acquire necessary temporary property rights for the Project under the eminent domain authority of the City, including filing an action to acquire the property interests described herein or negotiating just compensation with property owners within available project budget funds.
- That the power of eminent domain is hereby exercised with respect to each of the interests in property described and depicted in Exhibits 1 through 10. Each is acquired subject to payment of just compensation and subject to procedural requirements of Oregon law.
- That the Bureau of Transportation’s staff and the Office of the City Attorney are authorized to attempt to agree with the owner and other persons in interest as to the compensation to be paid for each acquisition, and, in the event that no satisfactory agreement can be reached, to commence and prosecute such condemnation proceedings as may be necessary to finally determine just compensation or any other issue appropriate to be determined by a court in connection with the acquisition. This authorization is not intended to expand the jurisdiction of any court to decide matters determined above or determinable by the City Council.
- That the Bureau of Transportation is authorized to determine the continuing necessity or propriety of the acquisition authorized by this Ordinance, its quantity, quality, or locality, and to reduce or abandon any acquisition described in Exhibits 1 through 10.
- There is hereby authorized the creation of a sub-fund in the amount estimated to be the just compensation for each interest in the property which, if necessary, shall be deposited with the clerk of the court where an action is commenced.
Exhibits and Attachments
An ordinance when passed by the Council shall be signed by the Auditor. It shall be carefully filed and preserved
in the custody of the Auditor (City Charter Chapter 2 Article 1 Section 2-122)
Passed by Council
Auditor of the City of Portland
Simone Rede
Impact Statement
Purpose of Proposed Legislation and Background Information
The City of Portland may exercise the power of eminent domain pursuant to Section 9-108 of the City Charter and in accordance with Eminent Domain procedures provided for in ORS Chapter 35 (Eminent Domain; Public Acquisition of Property), including those procedures that apply to notification, valuation, negotiation, relocation and early possession if necessary, when the exercise of such power is deemed necessary by the City Council to accomplish public purposes for which the City has responsibility.
The City of Portland has the responsibility of providing safe transportation routes for commerce, convenience and to adequately serve the traveling public.
The NE 122nd Avenue, Safety and Access: Beech Street-Wasco Street Project (the Project) will construct enhanced crossings of NE 122nd Avenue, as well as associated improvements such as sidewalk, ADA ramps, and striping modifications.
To accomplish the Project set forth above, it is necessary to acquire the following property interests described and depicted in Exhibits 1 through 10, attached to this Ordinance and, by this reference incorporated herein.
All affected property owners have been contacted and informed as to the City’s need for certain private property rights related to completion of the Project. All affected property owners have been invited, by mailing, to attend the reading of this agenda item.
Financial and Budgetary Impacts
Property values associated with the property acquisitions have not yet been quantified since negotiations are not completed; however, an estimate for the right of way phase has been budgeted in the US Department of Transportation Safe Steets and Roads for All grant award. The level of confidence for the estimate is moderate. Funds are available in the Transportation Operating Fund Budget, FY 2024-2025 Budget, SAP #T01034.
This legislation does not affect staffing levels or result in a new or modified financial obligation or benefit now or in the future.
If City Council does not approve the ordinance, construction of the Project will not be feasible as planned, due to lack of property rights needed to make the improvements.
Economic and Real Estate Development Impacts
Not applicable
Community Impacts and Community Involvement
The Project was submitted for funding through Metro’s Regional Flexible Fund federal grant program in 2019. The application requested funding to construct up to four enhanced crossings of 122nd Avenue. These pedestrian crossing improvements, and specific locations, were prioritized during the development of the 122nd Avenue Plan. 122nd Avenue is a High Crash Corridor with large gaps between crossing distances.
The 122nd Avenue Plan engaged surrounding communities from 2017 through 2023. The Plan had multiple rounds of engagement including:
- A survey in spring and summer of 2018 that gathered responses from more than 1,000 people, with targeted outreach to non-English speakers and People of Color. In this survey “Crossing Safety” was identified as the item most important to prioritize. Survey participants noted difficulty crossing the street while walking, biking, and accessing transit. Comments of this type centered on the long distances between signalized or enhanced crossings.
- An in-person open house in November 2018 with close to 100 participants, meetings with neighborhood groups, and an online survey in late 2018/early 2019 that gathered responses from more than 450 people. There was overwhelming support for the crossing locations shown during these events and on the survey, which included the crossing locations for this Project.
- In 2021, the proposed Plan recommendations were shared through an online open house. More than 330 people responded to the survey. Most were generally supportive of the recommendations. In June 2022, a public review draft was released and the public had a final opportunity to comment.
In addition to the Plan, there were several rounds of engagement specifically regarding this Project.
As part of this outreach the Project team:
- Sent letters to potentially impacted residents, businesses, and property owners.
- Presented to the Russell Neighborhood Association, tabling at community events, and walking door-to-door to discuss the Project.
- Worked on design modifications with the owner and tenants of the San Rafael Shopping Center.
- Held an open house in February 2025 that was attended by approximately 50 people.
The most significant change and potential impact is at the new signal at 122nd Avenue near Broadway. At this location, the Project will be installing a new signal at the San Rafael Shopping Center driveway, as well as installing median and limiting access between NE Halsey Street and NE San Rafael Street. All impacted property owners have been notified of these changes and the Project team has worked to mitigate impacts where feasible. The other Project locations will have little impact to access or mobility for people driving, but will provide a new stop-controlled crossing for people walking and biking.
Additional outreach will occur in advance of, and during, construction of the Project.
100% Renewable Goal
The 100 Percent Renewable Energy Goal is not applicable to this project.
Economic and Real Estate Development Analysis
Analysis provided by Prosper Portland
An Economic and Real Estate Development Impact Analysis was not submitted for this proposed action. Pursuant to City Council Resolution 37664, Prosper Portland staff has reviewed the action and agree that it does not require an Economic and Real Estate Development Impact Analysis.
Financial and Budget Analysis
Analysis provided by City Budget Office
This ordinance authorizes the Bureau of Transportation to acquire temporary property rights necessary for the NE 122nd Avenue Safety and Access: Beech Street–Wasco Street Project through the City’s eminent domain authority. Project costs, including just compensation for property acquisitions, are funded through a federal Metro Regional Flexible Funds Allocation grant and existing appropriations in the Transportation Operating Fund, with no additional staffing or financial obligations created by this legislation.
Document History
Document number: 2025-366
President's referral: Finance Committee