PROVO — The Provo School District Board of Education approved a resolution to purchase two houses through eminent domain in 90 days if face-to-face negotiations with the homeowners fail.

State law allows government entities to force homeowners to give up their houses if the government pays the owners fair market value plus relocation expenses. The school board passed the resolution last Tuesday.

"We believe they will resolve these matters without any legal action," Provo Superintendent Randy Merrill said about the district's attorney and the homeowners. "However, we feel like we need to have the ability to take action if needed because of the precise timelines."

The homes are adjacent to Timpanogos Elementary, which the school district plans to tear down and rebuild at its current site, 449 N. 500 West.

The project, which will start this summer, will cost about $11 million.

The district maintains it needs the houses and a portion of a city street — 600 West — to expand Timpanogos Elementary's site.

It needs the extra property to store steel and other construction equipment. It plans to purchase steel as early as possible because steel prices have been rising fast.

The city will not turn over 600 West to the district until it shows that all houses have been purchased.

The school district has been negotiating with owners of five houses on 600 West between 400 and 500 North since last summer, when the public approved a $35 million bond issuance to pay for the project.

As a result, property taxes on a $100,000 house will increase $65 by 2009.

Two of the five homeowners have not been satisfied by the price the district is offering them. The Deseret Morning News was unable to reach either homeowner for comment.

One homeowner told the Morning News last month he was interested in talking to an attorney to get clarification of his rights. He felt the school district's offer, which he would not reveal, was too low.

"I expressed my concern (that) if we are going to err, we err on the side of generosity with these homeowners. I'm convinced our attorney is (going) to do that," board member Sandy Packard said at last Tuesday's meeting, adding she could not explain specifics because they were part of the negotiations with homeowners.

Homeowners in Utah can talk with the State Private Property-Rights Ombudsman under such circumstances, according to state law.

State law specifies that after a written notice such as the Jan. 9 resolution, the homeowners can appear before the school board at a hearing to comment.

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E-mail: lhancock@desnews.com