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 statementShould 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 statementSee 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
What this proposal would actually do.
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The reviewed sources do not clearly identify every existing policy, service, contract, or obligation that would remain unchanged.
Official matter recordThis proposal concerns transportation & public works and requires action through Portland’s public legislative process.
Official matter classification and recordThis 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 statementWhat the record establishes and what it does not.
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Passed · 10–0
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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
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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.
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Official documents1 sources
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Open at Portland.govRead 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
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)
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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)
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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- 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
- SOURCE UPDATED
Passed as amended by council
- DOCUMENT PUBLISHED
Observed in the official source.
- Council Action
Passed as amended
- Council Action
Passed to second reading
- Council Action
Referred to City Council