King City Council leaves door open on use of eminent domain

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At the Feb. 19 King City City Council meeting, when the council originally discussed not using eminent domain in part of Kingston Terrace, City Manager Mike Weston (far right) showed the council a map of the area under consideration. From left are Councilor John Hartman, Council President Denny Gelfand, Mayor Marc Manelis and Councilors Jan Tysoe and Jessica Braverman. Barbara Sherman/Tigard Life
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Following a two-hour special work session and a long discussion at the March 19 King City City Council meeting, councilors approved a controversial resolution involving use of eminent domain in part of the future Kingston Terrace development.

Eminent domain is defined at the government’s power to take private property for public use but only after paying the owner “just compensation” as outlined in the Fifth Amendment of the U.S. Constitution.

Resolution No. R-2025-02 relates to property acquisition and originally included a third clause that stated: “Commitment to Property Rights: The current King City Council affirms that they will not use eminent domain to acquire private property for the Southern East-West Corridor from SW 137th Avenue to 150th Avenue.”

Councilor Jessica Braverman asked, “What is the harm in us just adopting a resolution that says we won’t use eminent domain in the City of King City and the surrounding area?”

City Manager Mike Weston responded, “Imagine if there’s a situation and we need to use eminent domain to resolve a situation whether it’s a water or sewer line or a road – whatever it is – it is a tool in the toolbox that cities use as a last resort.

“Our desire is to negotiate for the fair sale of a property. That’s our goal – to always negotiate with property owners.”

Braverman replied, “Everyone knows the City has the legal right – I just don’t know why we have to put it in the resolution… I’m asking my councilors to adhere to the voices of our constituency and the voters. This doesn’t take away our right to do what we need to do if proper and necessary. It just says we’re taking it out of the resolution.”

Weston noted, “It doesn’t do much to assuage the concerns of the people in Rivermeade and beyond. We do have it in here that it’s our intention to work in good faith with people.”

After more discussion, Braverman made a motion to add to the first clause in the resolution: “Voluntary Transactions: The City will endeavor for voluntary land acquisition agreements if necessitated within King City and the surrounding area…”

The second part of the resolution included removing the third clause.

Councilor Vince Arditi seconded the motion, and it passed 5 -0 -1, with Mayor Marc Manelis abstaining because he said Braverman had a conflict of interest because she is the president of the Edgewater Homeowners Association.

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