More public land along the historic highway?

HOOD RIVER — For nearly four decades, Oregon’s Department of Transportation (ODOT) has slowly but surely reconnected the Historic Columbia River Highway and State Trail. With the Mitchell Point Tunnel opening for public use this past March, 69 of the original 73 miles are now complete.

The longest unfinished portion stretches from the tunnel to Hood River’s outskirts, running along Mitchell Point Drive, beneath Interstate 84, past Ruthton Point and ultimately tying into Westcliff Drive. Although design is still ongoing, something rather unprecedented may happen as ODOT and its contractors build the segment, at least in terms of land use.

“I’ve been around for a little over 27 years, and I don’t ever remember an instance in the Gorge where a property was condemned, or a portion of it was condemned, for recreation purposes. It was always working with the landowner as a willing seller,” said Kevin Gorman, executive director of the Friends of the Columbia Gorge.

Gorman’s referring to the Baumann property, a 52-acre former orchard just east of Ruthton Point that’s currently owned by the Henry Richmond Land Use Defense Fund and lies within the Columbia River Gorge National Scenic Area. Since there isn’t any existing infrastructure to accommodate pedestrians and bikers, the agency must build a new corridor between the pending I-84 underpass and Westcliff Drive, and might exercise its power of eminent domain to do so.

“You don’t want to create the impression that the state is being heavy-handed in any way or making the private property owner shoulder the burden of the recreational resource,” said Aubrey Russell, president of the defense fund. “That’s exactly what makes the Scenic Area Act a controversial piece of legislation.”

He explained how ODOT plans, at this stage, to use two acres of the Baumann property for a fill slope that will serve as the historic highway’s foundation (see map, page A6). Based on an engineering report, the 40,000 cubic yards of fill will displace 300-400 trees adjacent to I-84, devaluing the property and making it more difficult to sell, money the defense fund could use to finance grants that it provides to other environmental organizations.

“The Baumann property is not impacted by any current phases of the project, and isn’t anticipated to be impacted for several years, if at all, due to funding uncertainty and potential future design modifications,” said David House, a spokesperson for ODOT, over email.

In speaking with members on the historic highway’s advisory committee and reviewing ODOT’s conceptual documents, Russell views the situation as more imminent, and having the threat of condemnation indefinitely hang over the property isn’t ideal either. He’s been asking ODOT to purchase the old orchard outright, arguing it’s the frugal choice.

With the Baumann property, ODOT could have a convenient site to house equipment for future construction; avoid paying Russell for condemnation, which requires the “just compensation” of seized assets; and save hundreds of thousands of dollars in transportation costs. While the design could change, especially since ODOT only has the money to address Mitchell Point Drive and the I-84 underpass right now, the agency’s work on the underpass will influence what happens to the Baumann property, Russell said. Those construction bids are set to go out in late 2025 or early 2026.

“Current funding for the current project commits them to removing the spoils,” he said. “It locks in the whole sequence.”

After excavating the new underpass, ODOT plans to transport the leftover sediment 14 or so miles away to Wyeth, and then eventually back to the Baumann property for the fill slope. Russell estimates that transportation alone could cost $800,000, and taking the two other factors into account, would roughly cancel out the property’s market value, which is about $1 million. So, as Russell sees it, the state will spend as much money to avoid owning the parcel as it would to buy the parcel.

If ODOT doesn’t make use of the Baumann property to store the excavated soil and rock, however, the agency has less of an incentive to purchase the property. Further complicating his appeal, the State Legislature has yet to pass a transportation package, and the federal dollars ODOT has to complete Mitchell Point Drive and the I-84 underpass are very narrow in scope.

“Federal transportation funding cannot be used to purchase a full parcel if it is not necessary for highway-related construction — including for environmental preservation purposes,” House said.

Apart from cost savings, Russell and Gorman see other ancillary benefits, too. For one, public ownership of waterfront property close to Hood River’s crowded shores offers improved future access and recreational opportunities. Also, the nearby Mitchell Point Tunnel only has 18 designated parking spaces available.

“There is such limited private shoreline left in the Gorge, especially shoreline where you’ve got a willing seller who wants to turn it into a public asset, it really seems just a crime to not try to pick it up,” said Gorman. “And this property could really alleviate some massive parking headaches that are almost sure to come at the Mitchell Point area.”

The United States Forest Service has expressed interest in owning the parcel, but doesn’t have the funds to purchase it, similar to ODOT. Russell and ODOT have discussed the possibility of trading as well, but he said the agency does not have any surplus properties available of similar value.

Russell hopes to generate more movement on his proposal, backed by organizations like the Columbia Gorge Wind & Water Association, Trailkeepers of Oregon, Mazamas and others, by expanding his outreach beyond ODOT to state representatives and senators.

“We’re optimistic that the state can see the wisdom in saving money and putting this in public ownership,” said Russell. “That logic is ultimately good for conservation, potentially good for recreation and potentially good for parking.”