From Deseret News archives:

School board to seize land in Eagle Mountain

Published: Saturday, May 26, 2007 12:16 a.m. MDT
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AMERICAN FORK — The Alpine School District Board of Education decided Friday afternoon to seize by eminent domain land in Eagle Mountain for an elementary school.

The school will be located in the Hidden Valley housing subdivision, which is not yet developed, off Pony Express Parkway between the Ranches and the Town Center.

The developers did not attend the Friday hearing, which had been announced as required by law but scheduled at 3 p.m. before the holiday weekend.

The Deseret Morning News attempted unsuccessfully to contact one of the developers Friday night.

Alpine business administrator Rob Smith said he talked with the developers just minutes before the public meeting Friday, and they are aware of the eminent domain proceedings, a legal process by which a government entity forces a private landowner to sell property at a price considered fair by a court if the government entity needs the property for the public's benefit.

Eminent domain is necessary, Smith said, because the district and the developers cannot agree on a price or location of eight acres for an elementary school.

The district's goal is to open a new school by fall 2008.

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"Right now, Pony Express (Elementary) is over 1,000 students," Alpine assistant superintendent Gary Seastrand said. "Harvest (Elementary in Saratoga Springs) will be over 1,000. Both of these schools will be impacted by this."

An appraiser hired by the district valued the land at $103,000 an acre.

But the developers maintain the land is valued at $160,000 an acre, Smith said.

The developers also want the school in a different part of the development, but Superintendent Vern Henshaw said that area is too hilly. Access to utilities from Pony Express would be expensive.

On April 10, the school district decided against closing on property in the Cedar Pass Ranch after the residents of the equestrian-friendly subdivision said they didn't want a school in the area.

The school district is expected to file paperwork for eminent domain and immediate occupancy next week but will continue to negotiate with the developers and halt the legal proceedings if an agreement is reached.

VCBO Architects will design the school. A construction manager will be decided in the next two weeks, Smith said.

Alpine District last proceeded with eminent domain for construction of Deerfield Elementary in Cedar Hills, which opened in 2003. While Deerfield was under construction, the school district battled for more than a year in court against property owners.

"We need the school, there's no doubt about it," said Eagle Mountain City Councilman David Lifferth. "I have some heartburn with the process, but I don't have a better solution to offer."

"David, you need to know we all have heartburn for eminent domain," school board member Andrea Forsyth said.


E-mail: lhancock@desnews.com

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