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Label:
Ordinance
Authorize the Bureau of Transportation to acquire certain permanent and temporary property rights necessary for the construction of the 174th Sidewalk Infill Kelly to Francis streets, SE Project, through the exercise of the City’s eminent domain authority
Passed
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 174th Sidewalk Infill, Kelly to Francis streets, SE 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 will construct a new 10‑foot wide multi‑use path and a 3‑foot furnishing zone on the west side of SE 174th Avenue between SE Kelly Street and SE Francis Street, improving access to Powell Butte Elementary and Centennial High schools. The Project also includes installation of three new pedestrian crossings, upgraded street lighting, and construction of new stormwater filtration systems.
- To accomplish the Project set forth above, it is necessary to acquire the following property interests described and depicted in Exhibits 1 through 42, 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 42 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 permanent and 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 42. 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.
- 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 42.
- 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 174th Sidewalk Infill, Kelly to Francis streets, SE Project (the "Project") will construct a new 10‑foot wide multi‑use path and a 3‑foot furnishing zone on the west side of SE 174th Avenue between SE Kelly Street and SE Francis Street, improving access to Powell Butte Elementary and Centennial High schools. The Project also includes installation of three new pedestrian crossings, upgraded street lighting, and construction of new stormwater filtration systems.
To accomplish the Project set forth above, it is necessary to acquire the following property interests described and depicted in Exhibits 1 through 42, 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 2025-2026, and FY 2026-2027 Budgets, SAP #T01244.
The Project is funded primarily by a $1.9 million Competitive Infrastructure Grant awarded by the Oregon Department of Transportation Safe Routes to School program in 2023. PBOT is contributing a required 20% match using General Fund dollars allocated for school traffic safety improvements in East Portland.
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 will create safer, more comfortable walking and biking connections for families, students, and neighbors living near SE 174th Avenue in the Centennial School District. Safety challenges and gaps in walking connections were highlighted by the Centennial School District community during the 2017 Safe Routes to School outreach process. This early input helped identify SE 174th Avenue as an important link for students traveling to Powell Butte Elementary and other nearby schools and will also improve walking access for neighbors heading to Lynchwood Park.
PBOT has coordinated with school partners about project design, shared project information at community events and with neighbors along the corridor to keep the community informed. Adjacent property owners and residents received detailed letters with updates about planned improvements and changes. These notifications ensured receipt of timely information and a clear point of contact for questions. PBOT has also encouraged families, neighbors, and school communities to sign up for Project updates to stay informed as the Project advances.
PBOT will continue coordinating with the school district, Powell Butte Elementary, and property owners along the corridor to maintain transparent communication and support the community as the Project moves toward construction.
100% renewable goal
The 100 Percent Renewable Energy Goal does not apply to this project.
Economic and real estate development analysis
Analysis provided by Prosper Portland
Prosper Portland staff has reviewed the Economic and Real Estate Development Impact Analysis submitted for this action and finds that it satisfies the requirements set forth in City Council Resolution 37664. The analysis is sufficiently detailed and complete to be considered a final statement for purposes of this action.
Document history
Document number: 2026-167
President's referral: Public Works Committee