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Bend council authorizes eminent‑domain resolution for Franklin Avenue right‑of‑way if negotiations fail
Summary
Councilors adopted a resolution authorizing eminent domain for up to 14 parcels needed for the Franklin Avenue Midtown Multimodal Connections project, saying the early step is a worst‑case measure to avoid year‑long delays if settlements cannot be reached.
The Bend City Council on Nov. 5 adopted a resolution authorizing the city manager to begin eminent‑domain proceedings if property‑level right‑of‑way acquisitions for the Franklin Avenue segment of the Midtown Multimodal Connections project cannot be settled by negotiation.
Ryan Oster, director of the engineering department, described the project limits — from Hill & Herriman north to 4th Street — and said the city typically needs 90 feet of right‑of‑way for an arterial but is seeking a 90‑foot cross section constrained by built environment; most property dedications are estimated at five feet. Staff showed parcel maps and said some parcels will require temporary construction easements. Oster said initiating the eminent‑domain resolution now is prudent to avoid added schedule delay if a settlement cannot be reached later.
Councilors asked whether early work packages might shorten road‑closure timelines; staff said early packaging and procuring long‑lead items could enable shorter closures and staging that minimize impacts. Council moved and unanimously adopted the eminent‑domain resolution, authorizing the city manager to take necessary steps if negotiations fail and directing staff to return with a guaranteed maximum price for construction as the project advances.
The resolution does not force immediate acquisition; staff emphasized continued negotiation and use of development agreements where appropriate to secure dedications before formal condemnation steps.
