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Water bureau seeks authority to begin eminent domain negotiations for Upper Drive water main replacement
Summary
Portland Water Bureau staff asked the Finance Committee to authorize initiation of negotiations — including eminent domain if necessary — to acquire easements for an approximately 590‑foot water main replacement on Southwest Upper Drive, citing an 80‑year galvanized main, past breaks and the absence of a recorded easement.
The Portland Water Bureau asked the Finance Committee on Monday for authority to initiate negotiations, and if necessary to use eminent domain, to acquire permanent and temporary easements for a water main replacement project on Southwest Upper Drive.
Ken Ackerman, interim chief engineer at the Water Bureau, told the committee the existing 2‑inch galvanized main was built about 80 years ago inside a private roadway without a recorded easement, has worn out and has experienced at least one significant break in recent years. The bureau said it plans to replace approximately 590 feet of main with modern pipe, install one new fire hydrant, upgrade existing service connections to current standards and secure access for future maintenance.
Ackerman said the roadway is narrow, steep and does not meet standard public‑right‑of‑way widths; to limit impacts the bureau designed reduced easement footprints within the existing pavement and plans five temporary construction easements to facilitate the work. The bureau mailed notices to about 80 property owners and reported having directly contacted nine owners whose parcels are within the work area; Ackerman said those property owners were generally supportive and aware of the project after a prior main break.
Staff advised the committee that, because the project requires agreements with multiple property owners and must be built by next summer, the bureau seeks authority to begin negotiations and, if negotiations do not produce acceptable easement agreements, to exercise eminent domain authority to secure required rights. The committee voted to forward the ordinance to the full Council with a recommendation of “do pass.” The roll call recorded four ayes and no opposition.
Ending note: staff said the Water Bureau intends to complete construction next summer and will continue outreach to property owners as the acquisition and permitting work proceeds.
