Decisions/2025-330
Emergency ordinance2025-330

Should Portland authorize Bureau of Transportation to acquire certain temporary rights necessary for construction of the NE Shaver Sidewalk, 102nd to 115th Avenue…

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.

Official impact statement
See the official legal title

*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

Next appearanceFinal action is posted; watch for implementation updates.
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01 · Understand it

What this proposal would actually do.

Plain-language orientation first. Every substantive statement below links to its official basis.

What would change

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.

Official proposal and impact statement
What would stay the same

The reviewed sources do not clearly identify every existing policy, service, contract, or obligation that would remain unchanged.

Official matter record
Who may be affected

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 Timeline2017PBOT’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. 2018Grant 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 project2020Successful grant application for NE Shaver submitted to ODOT with letters of support from Parkrose School District (SD) and Parkrose Neighborhood Association (NA) 2024Met virtually with Parkrose SD transportation staff to share project status and neighborhood updatesMet virtually and in-person with pastor and leadership of Iglesia Adventista del Séptimo Día to discuss project details related to their property and parking lotMailed 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 meetingAttended May Parkrose NA meeting to share project status and answer questions2025Sent email newsletter sharing project status updates and an invitation to Parkrose NA meetingAttended January Parkrose NA meeting to share project status and answer questionsMet with Parkrose SD superintendent and transportation staff to share project design and timeline updatesMet twice with pastor and leadership of Iglesia Adventista del Séptimo Día to discuss project details related to their property and parking lotMailed 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

Official community impact statement
What happens next

Passed as amended by council

Latest official agenda appearance
02 · Evaluate it

What the record establishes and what it does not.

Votes show choices. They do not, by themselves, prove why a member made that choice.

Final Council action

Passed · 10–0

Read the exact motion or vote question

Final action on 2025-330: *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

Rationale review not yet published

We will not turn the roll call into invented arguments.

The vote above establishes who supported or opposed that exact motion. A source-validated account of the competing reasons will appear only after human review of the meeting transcript and documents.

Financial implications

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.

Official financial impact statement
Open questions
  • The source-linked record has not yet received a human review of competing arguments. A yes or no vote alone does not establish a Councilor’s rationale.
  • What implementation evidence will show whether the intended result occurred?
Can residents still participate?

Official testimony on this decision has closed. Residents can still contact their district Councilors about implementation and follow-up.

Official Council agenda
03 · Verify it

Inspect the complete research record.

Official text, source files, exact motions, roll calls, provenance, and the technical completeness check remain available without crowding the explanation above.

Official documents1 sources
Final legal actionEmergency ordinance 192114

The operative official record after Council action.

Open at Portland.gov
Read the full official text

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 will construct 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

Meetings, motions, amendments, and votes3 meetings · 3 votes

Recorded amendments

Oct 8, 2025 · Recorded

Motion to amend the Ordinance as shown in Pirtle-Guiney 1: Moved by Pirtle-Guiney and seconded by Ryan. (Aye (9): Clark, Green, Zimmerman, Avalos, Smith, Ryan, Morillo, Novick, Pirtle-Guiney; Nay (1): Kanal; Absent (2): Dunphy, Koyama Lane)

Read all 2 exact motions
Oct 8, 2025 · Amendment · Recorded

Motion to amend the Ordinance as shown in Pirtle-Guiney 1: Moved by Pirtle-Guiney and seconded by Ryan. (Aye (9): Clark, Green, Zimmerman, Avalos, Smith, Ryan, Morillo, Novick, Pirtle-Guiney; Nay (1): Kanal; Absent (2): Dunphy, Koyama Lane)

Sep 8, 2025 · Main · Passed

Motion to send the Ordinance, Document Number 2025-330, to the full Council with the recommendation that it be passed: Moved by Novick and seconded by Pirtle-Guiney (Aye (3): Pirtle-Guiney, Novick, Zimmerman; Absent (2): Avalos, Green)

Meeting-level motion or recommendation · Oct 8, 20259 yes · 1 no · 2 absent

Motion to amend the Ordinance as shown in Pirtle-Guiney 1: Moved by Pirtle-Guiney and seconded by Ryan. (Aye (9): Clark, Green, Zimmerman, Avalos, Smith, Ryan, Morillo, Novick, Pirtle-Guiney; Nay (1): Kanal; Absent (2): Dunphy, Koyama Lane)

Final Council action · Oct 8, 202510 yes · 0 no · 2 absent

Final action on 2025-330: *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

Meeting-level motion or recommendation · Sep 8, 20253 yes · 2 absent

Motion to send the Ordinance, Document Number 2025-330, to the full Council with the recommendation that it be passed: Moved by Novick and seconded by Pirtle-Guiney (Aye (3): Pirtle-Guiney, Novick, Zimmerman; Absent (2): Avalos, Green)

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Decision definition

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Complete
Official legal text

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Complete
Financial impact

The official impact statement includes financial information.

Complete
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Complete
Supporting documents

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Unknown
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Source record
First discovered
Aug 13, 2026, 1:10 PM PDT
Last checked
Sep 13, 2026, 2:29 AM PDT
Evidence hash
749264844b62d63d
Guide status
Deterministic baseline
Append-only timeline
  1. SOURCE UPDATED

    Passed as amended by council

  2. DOCUMENT PUBLISHED

    Observed in the official source.

  3. Council Action

    Passed as amended

  4. Council Action

    Passed to second reading

  5. Council Action

    Referred to City Council