Skip to Main Content View Text-Only

The City of Portland, Oregon

Charter, Code and Policies

City of Portland



More Contact Info

Section 9-306 Apportionment of Damages and Benefits.

Upon filing of the City Engineer's report on damages, the Auditor shall publish in four (4) successive publications in the City official newspaper a notice that such report has been filed, stating the amount of damages to each property as estimated by the City Engineer, the date when the report of the City Engineer will be heard by the Council, and that written objections thereto may be filed with the Auditor any time prior to the day of hearing. The date of hearing shall be not less than five (5) days after the last publication of notice. The Auditor shall also send a copy of the published notice to each person interested in land affected. If the address of such person is unknown, and if such person has an agent whose name and address is known, notice shall be mailed to the agent; otherwise it shall be mailed to the owner addressed at Portland, Oregon. At the time of hearing the Council shall consider the report and all objections thereto and may refer it to any committee or commissioner for further hearing and report. At any time thereafter the Council may determine the damages to be awarded for the change of street grade.

If construction is contemplated by the Council in order to effect the elimination of a railroad grade crossing, no proposed assessment to property benefitted by the change of street grade need be made in the proceedings for change of street grade, but rather a statement may be made that such damages will be assessed as a part of the total improvement cost or will be financed in a particular manner. Thereafter the cost of making the change and improvement shall include, as part of the cost, the total damages awarded on account of such change of street grade. The Council shall determine whether any portion of the total cost of the improvement shall be financed by assessment of benefits to property within an assessment district as a local improvement, and if so, the total cost shall be apportioned as follows: sixty percent shall be paid by the company or companies owning or controlling the railroad trackage at the crossing; no more than twenty percent shall be assessed against the property benefitted thereby within the district fixed by the Council; and the balance may be paid by the City, or as the Council may determine. Total cost shall include the cost of raising or lowering tracks within street boundaries, but the raising or lowering of tracks outside street boundaries shall be the sole responsibility and expense of the railroad company. Total cost shall also include all other costs and expenses of the improvement, plus damages to property within the district. Whenever the street is occupied or used by more than one railroad company, the railroad's share of the total cost of the improvement shall be apportioned among them. The cost and expense of raising or lowering the grades or tracks outside street area to be borne by the affected companies shall be apportioned by the Council unless, within thirty (30) days after the Council orders the improvement, all affected companies file with the Auditor their mutual agreement thereon. [June 2, 1913, subdn. f, new sec. 372 1/2; 1928 pub. sec, 270; 1942 recod., sec. 9-406; am. Nov. 8, 1966; am. Nov. 3, 1992.]