In 2008, an Oregon lawyer kept his 1894 house from a planned takeover for student towers; the transit agency cancelled its acquisition plan

In February 2008, TriMet told Portland business lawyer Randal Acker that its transit project and Portland State University's dormitory project would go ahead without buying or demolishing his 1894 Queen Anne house near the university. The dispute began after Acker bought the house. A records request, neighborhood support and an editorial page all played a part before the agency that wanted the land stepped back.Acker buys the 1894 house at 525 SW Jackson StreetAcker purchased the house in September 2005 for $380,000 as a place to conduct his law practice, and the 1,600-square-foot property was the subject of TriMet’s acquisition efforts, as reported by Willamette Week. The Oregon State Bar Bulletin described the property as an 1894 Queen Anne-style home that housed Acker’s law practice, where two attorneys worked. According to the reported account, the house was named after his Portuguese water dog, Figo.TriMet and Portland State plan to redevelop Block 158Portland State University held a portion of Block 158 while TriMet held the rest. TriMet would buy the remaining land parcels and PSU would donate its shares under a memorandum of understanding between them, according to Willamette Week. The bulletin reports that TriMet used eminent domain to demolish another four nineteenth-century buildings on the same block. Late in 2006, when the project was underway, the agency informed Acker that there was nothing he could do. Because the house had historical significance, TriMet had to prove that no feasible alternative existed to buying and demolishing it.The agency was operating in a legal climate that changed after the Kelo decision. A 2012 TRB/NCHRP legal research digest, The Ramifications of Post-Kelo Legislation on State Transportation Projects, examines how state legislation passed in response to Kelo has affected the use of eminent domain for economic development, for condemning blighted and nonblighted property, and for restricting transfers of condemned property to private parties. It also examines how states have legislatively redefined "public use."Acker's records request exposes the plan to transfer the land to Portland StateAs a result, Acker asked for TriMet's emails about this project for three years, as the same publication describes. It turned out that the intention was to give the land to the university, which was going to build a large dormitory on the site that included Acker's parcel. Also, he questioned how getting rid of the existing businesses would benefit the public interest.The Oregonian editorial of January 7, 2008On January 7, 2008, The Oregonian published an editorial titled "Leave the House Alone," as the Oregon State Bar Bulletin documented. In February 2008, a month later, TriMet sent Acker's firm a letter stating that its project and the university's project would proceed without buying or demolishing Figo House. Mike Robertson, general superintendent of construction for the joint venture building the Green Line, said he acted as a liaison between TriMet, the city and Acker, and that he and Acker developed a cordial relationship. TriMet spent $2 million to beautify the immediate area around the property, a figure Acker cited. Acker thanked the agency for that, said he appreciated public transportation, and added that he had hoped eminent domain would produce better results in the future.College Station rises around the houseConstruction of the dormitory took place within the surrounding area. Construction of Portland State University's $90 million College Station residence hall began in February 2011, as reported by Oregon Live and cited by the legal blog Inverse Condemnation; Oregon Business reported the same figure. During the groundbreaking held in March, the university representatives and contractors dropped by the Figo House with cookies and hard hats. Bill Bayless, CEO of American Campus Communities of Austin, Texas, said the house's position was typical of Portland. In 2011, Acker attached 400 helium-filled balloons to the Figo House's chimney, drawing a comparison with the house in Pixar's Up, as The Oregonian reported.Oregon voters curb private transfers The conflict also took place amid statewide changes. In November 2006, Oregon voters approved Measure 39, which restricted the use of condemnation for private gain. The Pacific Legal Foundation noted that Measure 39 passed by more than a two-thirds margin. The Oregon Secretary of State's official results for the November 7, 2006 general election show that 881,820 voters, or 67.13 percent, voted in favour of the measure. The above-mentioned study also examines how states have redefined "public use" in legislation. His property stands as the only one on the street, with a dormitory behind it and a law office within it.You use AI every day. Now get your AI Quotient. Take the AIQ test.