*Authorize Bureau of Transportation to acquire certain temporary rights necessary for construction of the NE Shaver Sidewalk, 102nd to 115th Avenue 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 Shaver Sidewalk, 102nd to 115th Avenue 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 sidewalks and ADA ramps along the south side of NE Shaver St., between NE 102nd Ave. and NE 115th Ave., which is a key walking route for students attending three schools in the Parkrose district: Parkrose Middle, Parkrose High, and Prescott Elementary. Further improvements include upgrades to stormwater facilities and bus stops, new streetlights and street trees.
- To accomplish the Project set forth above, it is necessary to acquire the following property interests described and depicted in Exhibits 1 through 57, 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 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.
- Funds are available in the Transportation System Operating Fund.
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 57 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 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 57. 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 57.
- 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.
Section 2. The Council declares that an emergency exists in order that the NE Shaver Sidewalk Project may occur without delay; therefore, this Ordinance shall be in full force and effect from and after its passage by the Council
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 as amended 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 Shaver Sidewalk, 102nd to 115th Avenue Project (the “Project”) will construct new sidewalks and ADA ramps along the south side of NE Shaver Street, between NE 102nd and NE 115th Avenues, a key walking route for students attending three schools in the Parkrose district: Parkrose Middle, Parkrose High, and Prescott Elementary. Further improvements include upgrades to stormwater facilities and bus stops, new streetlights and street trees.
To accomplish the Project set forth above, it is necessary to acquire the following property interests described and depicted in Exhibits 1 through 57, 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 the completion of the Project. All affected property owners have been invited, by mail, to attend the reading of this agenda item.
Financial and Budgetary Impacts
Property values associated with the property rights 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 Transportation Operating Fund. The level of confidence for the estimate is moderate. Funds are available in the Transportation Operating Fund Budget, FY 2024-2025 and FY 2025-2026 Budgets, SAP #T01049.
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 the lack of property rights needed to make the improvements.
Economic and Real Estate Development Impacts
Not applicable
Community Impacts and Community Involvement
This Project is a long-awaited improvement for the Parkrose School District and its neighbors. NE Shaver Street is a key walking route for three schools in the district: Parkrose Middle, Prescott Elementary, and Parkrose High School. The middle and high schools are located directly on Shaver. NE Shaver Street also serves TriMet’s 22 bus line.
Currently, the lack of sidewalks forces students and residents to walk on unprotected shoulders or in the roadway alongside school buses, TriMet buses and other vehicle traffic. When rain causes pooling or muddy conditions, or when vehicles park in the shoulder, pedestrians are pushed further into the travel way.
Parkrose is one of the most racially and ethnically diverse communities in Oregon, and the school district serves many low-income and high needs students. The neighborhood and its students will greatly benefit from safer options to access school, playing fields, the running track, and transit stops.
Public Involvement Timeline
2017
- PBOT’s Safe Routes to School program held an in-person and online open house for families and students to understand barriers to walking to school that would help inform where to spend Fixing Our Streets funds and identify primary walking routes. NE Shaver Street was identified as a major barrier for Parkrose students and families.
- Safe Routes to School attended meetings with Parkrose school administrators, tabled at Parkrose school events and held in-class discussions around walking routes and barriers. NE Shaver’s lack of sidewalks was frequently mentioned.
2018
- Grant application for NE Shaver submitted to ODOT’s Safe Routes to School Competitive Infrastructure grant program with letters of support from Parkrose School District (SD) and Parkrose Neighborhood Association (NA); grant funding was awarded to another project
2020
- Successful grant application for NE Shaver submitted to ODOT with letters of support from Parkrose School District (SD) and Parkrose Neighborhood Association (NA)
2024
- Met virtually with Parkrose SD transportation staff to share project status and neighborhood updates
- Met virtually and in-person with pastor and leadership of Iglesia Adventista del Séptimo Día to discuss project details related to their property and parking lot
- Mailed letters to adjacent property owners with project information, directing them to Portland Maps to review existing right-of-way lines, and inviting them to Parkrose NA meeting
- Attended May Parkrose NA meeting to share project status and answer questions
2025
- Sent email newsletter sharing project status updates and an invitation to Parkrose NA meeting
- Attended January Parkrose NA meeting to share project status and answer questions
- Met with Parkrose SD superintendent and transportation staff to share project design and timeline updates
- Met twice with pastor and leadership of Iglesia Adventista del Séptimo Día to discuss project details related to their property and parking lot
- Mailed letters to adjacent property owners informing them of project design and planned impacts to areas public right-of-way in front of their properties, and offering in-person meetings at their properties
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 through eminent domain to complete the NE Shaver Sidewalk, 102nd to 115th Avenue Project. Funds for right-of-way acquisition are available in the Transportation Operating Fund (SAP #T01049) and included in the FY 2024-25 and FY 2025-26 budgets; while final compensation amounts are not yet determined due to ongoing negotiations, the estimate has a moderate level of confidence, and the ordinance will not affect staffing levels or create new financial obligations beyond the current budget; approval is necessary to secure property rights needed to construct sidewalks, ADA ramps, stormwater upgrades, bus stop enhancements, streetlights, and street trees, providing safer walking routes for Parkrose students and residents, whereas failure to approve would prevent the project from moving forward.
Document History
Document number: 2025-330
President's referral: Finance Committee