Oktoobar 7, 2026 · Ordinance · 2026-334

Authorize Bureau of Transportation to acquire certain temporary property rights necessary for construction of the SE Division Street – SE 148th to SE 174th Project through the exercise of the City’s Eminent Domain Authority

Soo koobid af fudud

City can take temporary property rights for SE Division safety project

This lets the city get temporary use of some private property needed to build safety changes on SE Division Street between SE 148th and SE 174th Avenues. The project adds a raised center median (a curbed strip in the middle of the road) in place of parts of the shared left-turn lane, plus curb ramps for people with disabilities and better crosswalks. The city will try to agree on a fair price with owners first, and can go to court to take the rights if no deal is reached.

Decision: Passed, 12 to 0.
Who it affects: Owners of certain properties along SE Division Street between SE 148th and SE 174th Avenues, and people who travel that stretch.
Money: Property owners must be paid fair value, but the amounts are not set yet because talks are ongoing. An estimate is budgeted in the city's transportation fund for the 2026-2027 budget year.
Next: Outreach to nearby residents, property owners and businesses continues through spring 2027 as part of the design work.
Official record

Waxaa qoray AI iyadoo ka duulaysa diiwaanka rasmiga ah, si toos ah ayaana loo hubiyay. Oktoobar 7, 2026

Soo koobid af fudud

City moves to get temporary property rights for SE Division safety project

This would let the city's transportation bureau get temporary use of parts of some private properties along SE Division Street between SE 148th and SE 174th Avenues. The city can use eminent domain, which is its legal power to take property rights for public use while paying owners a fair price, if talks with owners fail. The project adds a raised center median in place of parts of the center turn lane, plus curb ramps for people with disabilities and better crosswalks.

Decision: Moved to a second reading. No final vote yet.
Who it affects: Owners of certain properties along SE Division Street between SE 148th and SE 174th Avenues, plus people who drive, walk or bike on that stretch.
Money: Payments to property owners are not yet known because negotiations are not finished. An estimate is budgeted in the city's transportation fund for the 2026-2027 budget year.
Next: Second reading and possible final vote on October 7, 2026 at 9:30 am. Public outreach on the design continues through spring 2027.
Official record

Waxaa qoray AI iyadoo ka duulaysa diiwaanka rasmiga ah, si toos ah ayaana loo hubiyay. Sebtembar 30, 2026

Full title: Authorize Bureau of Transportation to acquire certain temporary property rights necessary for construction of the SE Division Street – SE 148th to SE 174th Project through the exercise of the City’s Eminent Domain Authority
Status: Passed
Document number: 2026-334
Introduced by: Mayor Keith Wilson
City department: Transportation
Requested council date: October 7, 2026
Purpose and background: 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 SE Division Street – SE 148th to S.E. 174th Project (the "Project") will convert portions of the existing two-way left turn into a raised center median on SE Division Street between SE 148th and 174th Avenues and will include ADA ramps, enhanced pedestrian crossings and enhanced access for neighborhood circulation and emergency response. To accomplish the Project set forth above, it is necessary to acquire the following property interests described and depicted in Exhibits 1 through 2, 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 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 General Transportation Revenue Fund 200000 Budget, FY 2026-2027 Budget, SAP # T01102. 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 impacts: Not applicable.
Community impacts and community involvement: PBOT carried out a multi-year, extensive public engagement process around the concept of raised center medians as a safety counter measure on SE Division as part of the Division Safety Action Plan and Outer Division Multi-Modal Safety Project. Outreach and engagement to the surrounding community and adjacent property and business owners is ongoing and will continue through spring 2027 as part of the design effort. PBOT also continues to share updates and engage the broader public through community events and neighborhood meetings.
100% renewable goal: Not applicable.

Qoraalka oo dhan

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 SE Division Street – SE 148th to SE 174th 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 convert portions of the existing two-way left turn into a raised center median on SE Division Street between SE 148th and 174th Avenues and will include ADA ramps, enhanced pedestrian crossings and enhanced access for neighborhood circulation and emergency response. To accomplish the Project set forth above, it is necessary to acquire the following property interests described and depicted in Exhibits 1 through 2, 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 General Transportation Revenue Fund 200000. 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 2 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 City Administrator 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 2. 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 2. 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.