Hinton Community School Board members discussed Monday the possibility of using eminent domain to obtain land on which to construct a new elementary school and gymnasium.

The school board decided to find out more about steps necessary to obtain 8 acres adjacent to the current school from property owners, Kevin and Annette Held, through eminent domain.

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The board members' decision came after a discussion about the Helds' unwillingness, stated in a letter, to propose a dollar amount they would accept for purchase of the property.

That 8 acres of land in question are immediately south of the existing school building between the school and the sports complex.

"If we prefer the land adjacent to our current facility and we are not given any counter-offer amount, we probably have to assume that it's either not available or that it's only available through eminent domain possibly," said Hinton Superintendent Al Steen.

Eminent domain is the right for a governmental entity, such as the school board, to obtain private property at fair market value for public use under Iowa law if it can show a definite need for the land.

The next step, Steen said, is for the school board to decide its preference as to where members would like to see the new elementary built, and that decision would lead to an action plan.

Steen said on Monday in the letter from the Helds' attorney, the Helds indicated they were willing to continue to talk, but requested the school board sign a confidentiality agreement before they would continue negotiations.

Because the Hinton School Board is a public governmental entity and would involve public tax dollars, it cannot sign a confidentiality agreement such as the one proposed by the Helds.

Steen said he would have the school district's attorney send a letter to the Helds explaining that.

Robert Held, school board president and a distant relation to the Helds, said based on the letter received, the property owners' concern is their cost to relocate.

"I think the community can understand that's a concern," Robert Held said.

However, he said, the main delay in the negotiations is the property owners don't want to pay extra costs should they relocate and in the process improve their business.

"It's not the school board's responsibility." Robert Held said. "If they end up moving from a facility worth maybe a couple hundred thousand into one that's worth a million, they should pay the incremental cost because they own something that's worth more."

Previously, the school district offered $25,000 per acre for each of the 8 acres and and to pay an additional up to $25,000 per acre for relocation, which would be a total cost to the district of about $400,000.

The Helds indicated at that time the amount offered to purchase the 8 acres was sufficient, but did not believe the relocation compensation was enough.

Robert Held said the district could continue to throw out numbers, but if the property owners were not willing to counter-offer "it could go on for years without an answer."

Board member Steve Eddy agreed and said it was time for the school board to move forward, whether that be trying to obtain the adjacent land through eminent domain or utilizing the 40 acres already owned by the school district and the City of Hinton.

"I think we're already at the limit we're going to offer," Eddy said.

He is in favor of building on the land west of the Marrland Heights Addition, Eddy said, but asked how long pursuing eminent domain to possibly obtain the Helds' property would take.

According to the district's attorney, once the formal process is begun it usually takes between 120 and 160 days to complete, Steen said.

Board member Lynette Blanchard said she is also in favor of building the new school on the property west of the city and that she would have to be "convinced" that attempting to obtain the adjacent property through eminent domain was the way to go.

Robert Held and board members Kenny Hoefling and Ed Vondrak said they would like to see the school built on the the 8 acres adjacent to the school.

Based on the response following a meeting with Hinton community members in July, Robert Held said he didn't think the school district would be able to pass a $7.5 million bond unless the land adjacent to the school was used. That is the rough estimated cost to construct the elementary and competitive gymnasium,

"If we don't take care of our district and serve its needs, we are going to lose our positive enrollment numbers," Robert Held said.

The board members all agreed it wouldn't hurt to find out more about the eminent domain process and will schedule a meeting for next week either Aug. 27 or 28 to discuss the steps involved with the school district's attorneys.

Because that meeting deals with litigation matters, it will be closed to the public.

"Whatever it takes to move forward," Vondrak said.