As the Interstate Bridge Replacement (IBR) program team ramps up its efforts to construct a new bridge across the Columbia River, many homeowners, business owners, and tenants will likely be displaced or otherwise affected. The IBR team is still a long way from acquiring properties for the $6.5 billion project, but it is wise to become informed now.

Project plans call for construction of a new bridge carrying Interstate 5 over the Columbia. It will be built directly west of the current bridge, but the full project encompasses five miles of freeway and seven freeway interchanges. The project area will reach from the SR 500 interchange in Vancouver to the Interstate interchange in Portland.

A preliminary review suggests that dozens of homeowners, business owners, and tenants will be displaced — no matter how the final design turns out. Although ODOT and WSDOT already own significant rights-of-way along the I-5 corridor, the project is so large that it will undoubtedly affect property owners and tenants. The hardest hit might be Hayden Island, which is home to over one-quarter of the businesses to be displaced. There is also a strong probability that homes along I-5 in Vancouver (especially approaching the SR 500 interchange in the Shumway neighborhood) will also be shifted. In addition, dozens of temporary impacts (in terms of construction easements and the like) might be required to get the work done. All in all, dozens, if not hundreds, of properties could be affected by the IBR project.

What is the timeline?

Construction is currently projected to begin in 2026. However, the overall project comprises more than two dozen contractor bid packages for discrete portions. These range from designing and building the park-and-rides to constructing the bridge itself (with a separate package for removing the old one). So that is just the current start date. The entire project will take place over six to eight years (or more).

How will I know if my property or business will be affected?

We cannot be sure which properties will be affected until the draft Supplemental Environmental Impact Statement is issued. The draft SEIS will be part of an ongoing review of environmental impacts. The document should include a map and a list of properties that will be affected by the project. The date for issuance of the draft SEIS has been a moving target: most recently it was pushed back from spring 2024 to some unknown date near the end of the year.

Is the project going to be completed?

The IBR team certainly seems convinced it will. The team already has commitments for over half of the funds needed (including significant commitments from both Oregon and Washington). But there is still further work. Notably, the bridge permit itself must be issued by the Coast Guard. To date, that agency has not issued the permit and claims that it will not unless or until river accessibility is addressed (an issue for which the IBR team does not have a ready answer).

What should I do?

First and foremost, consider signing up for the IBR’s email newsletter to keep track of progress. This will likely be how people will be notified when the draft SEIS will be issued. The draft SEIS should identify with specificity which properties will be impacted by the project (See section 3.3 of the draft SEIS (“Acquisitions & Displacements”). Once the draft SEIS is issued, the public will have 60 days to provide comments. Concerns should be submitted to IBR, either through a public meeting or written comments (or both). IBR has a great website, with a wealth of information, at www.interstatebridge.org. Interested people can also sign up for the email newsletter on the website.

Will there be compensation?

There are two ways that people could be compensated if their property is affected. First and foremost, the property owner is entitled to just compensation for the taking. That is a right protected by the U.S. Constitution and both the Oregon and Washington constitutions (the 5th Amendment to the U.S. Constitution provides in relevant part: “nor shall private property be taken for public use, without just compensation”). This can be measured in a number of ways, but it boils down to fair market value for the property taken.

In addition, whoever resides on the property (either owner or tenant) is entitled to relocation reimbursement. This means the government should reimburse certain expenses associated with relocation (either a home or a business). The regulations around relocation reimbursement are more friendly to residential occupants than to business occupants. However, both types should plan to coordinate with the IBR team on timing and reimbursement for moving expenses. Timing of a move can adversely affect eligibility for any funds.

Landowners who face condemnation or eminent domain should contact an attorney to discuss their particular situation. This area of law is complex and constantly changing, so it is wise for property owners to understand their rights as things heat up.

This column is intended to provide readers with general information and not legal advice. Consult professional counsel for help regarding specific situations.

Column first appeared in the Oregon Daily Journal of Commerce on July 12, 2024.